Choosing a Child’s Sex Through IVF Made Illegal in South Africa in 2012

In 2012, South Africa implemented regulations that made it illegal to choose a child’s sex through in vitro fertilization (IVF), unless there is a clear medical reason. This decision came as part of updates to the country’s Regulations Relating to Artificial Fertilisation of Persons, issued under the National Health Act (Act 61 of 2003).

The law specifically prohibits sex selection for non-medical reasons, such as family balancing or personal preference. The only exception is when selecting the child’s sex is necessary to avoid a serious genetic condition that is sex-linked — for example, diseases like haemophilia or Duchenne muscular dystrophy, which primarily affect males.

These regulations reflect ethical concerns around gender bias and the potential for “designer babies.” The South African government aimed to prevent the misuse of reproductive technology and to promote equality and fairness in access to fertility treatments.

Violating the regulations can result in penalties for both medical practitioners and patients, including fines and potential suspension or revocation of medical licenses.

By enforcing this rule, South Africa aligned itself with many other countries that limit or ban non-medical sex selection, prioritizing ethical responsibility over personal preference in assisted reproduction.