Rights to gametes, zygotes and embryos in storage

In this article the issue of whether one may claim 'ownership' to genetic material and embryos in storage is considered. For this purpose the legal position in some representative jurisdictions, such as the United States of America, France, Australia and Great Britain, is examined. Finally, the present legal situation in South Africa is examined. It is concluded that the extent and nature of the rights to gametes, zygotes and embryos in storage are at present largely uncertain. Court decisions in representative jurisdictions also fail to provide uniform answers. It is concluded that a clear distinction should be made between rights to gametes on the one hand and rights to ygotes or embryos on the other. In the latter, fusion of gametes has occurred and the sperm and eggs are no longer separate entities. It is recommended that the interests of the parties, the storage facility and the embryo can best be protected by a written agreement. This document should contain clear provisions for a considerable change in circumstances, for instance death, divorce or the impossibility of completion of the process.