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National Health Act, 2003 (Act No. 61 of 2003)

Chapter 8 : Control of use of blood, blood products, tissue and gametes in humans

57. Prohibition of reproductive cloning of human beings


(1) A person may not—
(a) manipulate any genetic material, including genetic material of human gametes, zygotes or embryos: or
(b) engage in any activity, including nuclear transfer or embryo splitting,
(c) for the purpose of the reproductive cloning of a human being.


(2) The Minister may, under such conditions as maybe prescribed, permit therapeutic cloning utilising adult or umbilical cord stem cells.


(3) No person may import or export human zygotes or embryos without the prior written approval of the Minister.


(4) The Minister may permit research on stem cells and zygotes which are not more than 14 days old on a written application and if—
(a) the applicant undertakes to document the research for record purposes: and
(b) prior consent is obtained from the donor of such stem cells or zygotes.


(5) Any person who contravenes a provision of this section or who fails to comply therewith is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment.


(6) For the purpose of this section—
(a) "reproductive cloning of a human being" means the manipulation of genetic material in order to achieve the reproduction of a human being and includes nuclear transfer or embryo splitting for such purpose; and
(b) "therapeutic cloning" means the manipulation of genetic material from either adult, zygotic embryonic cells in order to alter, for therapeutic purposes, the function of cells or tissues.