A psycho-legal analysis of the selection of gamete donors by intended parents.

Abstract

This thesis presents a comprehensive psycho-legal analysis of gamete donor selection by intended parents in the rapidly evolving landscape of South African assisted reproductive technology (ART). The research investigates the nuanced interplay between the psychological and legal dimensions that inform the decision-making processes of intended parents, and critically examines how personal desires and societal norms intersect with legal frameworks. The study contextualizes the emotional and psychological challenges faced by intended parents, who often grapple with grief and identity issues when using donor gametes. The research further explores the legal landscape, and focuses on the National Health Act, the Children’s Act, and the Regulations Relating to Artificial Fertilization of Persons, which govern ART practices in South Africa. These Regulations emphasize donor anonymity, informed consent, and the rights of all parties involved, and yet present challenges of balancing privacy with the psychological needs of donor-conceived families. Empirical findings of the research are that intended parents prioritize medical and genetic factors alongside personal and cultural values in their donor selection criteria, and often seek donors who reflect their own identity and familial aspirations. This preference is influenced by societal pressures and the desire for offspring to ‘pass’ as being genetically related. The research underscores the complexity of donor selection in a diverse cultural context, where legal anonymity provisions can conflict with the psychological well-being of donor-conceived children, so necessitating a re-evaluation of these frameworks. This thesis advocates policy reforms that align reproductive rights with the diverse needs of individuals and families, so ensuring equitable access to ART services while protecting the interests of prospective children. The research contributes to a deeper understanding of the psycho-legal dynamics in donor selection, supports intended parents in their fertility journey, and promotes the well-being of all the parties involved. By highlighting the complex interplay between psychological impacts and legal frameworks, the study calls for a balanced and compassionate approach to reproductive law in South Africa.