The question therefore remains whether a known sperm donation agreement is recognised and valid under South African law. With regard to the question of whether sperm or egg donor agreements are binding, the Children`s Act really says that nothing binds a court, and that applies to all families. The best and priority interest in the definition of educational conventions is the best interests of the child. Whether it was a donor or co-parenting agreement is just one factor that is taken into consideration and the role and relationships between the parties are another factor. But before any other factor, this is what is best for the child. And every child and every family is different. For example, if, with the help of their friend, a lesbian couple becomes pregnant to understand that they are only donors, but later they spend a lot of time with the child, and the child calls them uncle, they may not be recognized as a parent, but they could be recognized as someone who takes care of the care. The welfare or development of the child and can therefore apply for education orders under the Family Act. Some States require a doctor to perform the insemination procedure; Other states allow insemination at home.
But even in states that allow insemination at home, such a move is risky, as there is no independent third party (for example. B a physician) who can testify in court about the type of conception. Do you want your parental rights to depend on whether a judge thinks you haven`t had sex with your donor or not? Sperm donor and parental rights and obligations If the intention of the parties was that the father should only be a sperm donor and that neither party would have a change of attitude, it is likely that such a father would never seek parental rights and obligations. The mother is therefore the sole holder of those rights and obligations. This arrangement would have an effect similar to that of an anonymous sperm donor. Artificial insemination is a cheaper and physically simpler process to achieve pregnancy. However, in the case of in vitro fertilization (IVF), both partners can be the biological parents of the child. IVF technology makes it possible to use one partner`s eggs to make embryos transferred to the other partner`s uterus (“FiV Reziproke”). Same-sex couples who use any form of IVF should be sure to consult a lawyer at an early stage, given that medical clinic declarations of consent are generally not designed for such family training options and the use of consent statements for heterosexual couples can lead to legal complications. In particular, couples using reciprocal IVF must ensure that the legal rights of the egg-donating partner are not accidentally terminated by signing medical statements typically used for egg donors. Donor sperm can be donated by a known donor such as a friend or acquaintance or by an anonymous sperm donor via a sperm bank..
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