Medicine and the Law.

Area of Science:

• Medical Law
• Bioethics
• Reproductive Medicine

Background:

• South African fertility clinics often include clauses in consent forms addressing the disposition of reproductive materials (gametes and embryos) after a patient's death.
• This practice is legally problematic and potentially invalid.

Purpose of the Study:

• To analyze the legal validity of consent form provisions regarding post-mortem disposition of reproductive materials.
• To propose legally sound alternatives for managing cryopreserved reproductive materials.

Main Methods:

• Legal analysis of South African contract and medical law.
• Examination of consent form provisions and storage agreements in fertility clinics.

Main Results:

• Provisions in consent forms for post-mortem disposition of reproductive material are not legally valid in South Africa.
• Acting on such provisions can expose fertility clinics to civil and criminal liability.

Conclusions:

• Consent forms should not contain provisions for the disposition of reproductive material after a patient's death.
• Storage agreements should utilize non-payment as the trigger for disposition to address practical concerns and ensure legal compliance.
• The property and personality rights dimensions of reproductive material require careful consideration.