National Health Act, 2003 (Act No. 61 of 2003)Chapter 8 : Control of use of blood, blood products, tissue and gametes in humans57. 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. |