A child's right to identity in the context of embryo donation: Lessons from Australia and New Zealand, part 2

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dc.contributor.authorBouah, Nicole
dc.contributor.authorJacobs, Carmel
dc.date.accessioned2025-01-30T09:14:04Z
dc.date.available2025-01-30T09:14:04Z
dc.date.issued2024
dc.description.abstractIn part 1 of this article the current level of protection of the right to identity both at the national and international levels were considered in the case of embryo donation. It was concluded that at a national level the national health act, its accompanying regulations and the children's act fail to protect this right. The constitutional provisions on children's rights are also unhelpful in providing the requisite level of protection. At an international level it was further found that neither the CRC nor the ACRWC explicitly uphold the child's right to identity in the case of embryo donation. In an attempt to address this defect, this article compares the legal protection provided for the right to identity of children born through embryo donation in Australia and New Zealand. A number of lessons can be drawn from this comparative analysis. At a national level the article submits that the birth certificate should indicate the child's true origins and in addition to a register which holds the particulars of the child's donor parents, a separate donor sibling register is also suggested. Legislative amendments are also suggested to parliament.
dc.identifier.urihttps://doi.org/10.17159/1727-3781/2024/v27i0a15132
dc.identifier.urihttps://hdl.handle.net/10566/19944
dc.language.isoen
dc.publisherNorth-West Unversity
dc.subjectAssisted reproductive technologies
dc.subjectdisclosure
dc.subjectdonor-conceived child
dc.subjectembryo donation
dc.subjectgamete donor
dc.titleA child's right to identity in the context of embryo donation: Lessons from Australia and New Zealand, part 2
dc.typeArticle

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