UNIVERSITY OF KWA-ZULU NATAL, PIETERMARITZBURG

EXAMINATIONS: MAY/JUNE 2009 SUBJECT, COURSE AND CODE: BIOETHICS (LAWS4BE)

DURATION: 2 HOURS TOTAL MARKS: 50 _____________________________________________________________________ External Examiner: Internal Examiners: Professor JA Singh

Professor M Carnelley Ms S Soni _____________________________________________________________________

STUDENTS ARE REQUESTED, IN THEIR OWN INTERESTS, TO WRITE LEGIBLY. ___________________________________________________________________________________

PLEASE NOTE: This paper consists of (1) one page. Answer both QUESTION 1 and QUESTION 2. Each question must be answered in a separate book.

QUESTION 1 Write a note on the use of preimplantation genetic diagnosis for the purposes of tissue typing. In the course of your answer describe the manner in which the procedure is regulated (if at all) in South Africa and the United Kingdom. In the course of your answer make reference to appropriate case law. [25 marks]

QUESTION 2 Sue is infertile and cannot have children. Her married sister (Anne) indicated that she would be prepared to be a surrogate mother for Sue and her husband John. Presume that the relevant provisions of the Childrens Act 38 of 2005 are operational. Advise them of their legal rights and duties with regard to surrogacy arrangements in South Africa. Refer in your answer to the various types of surrogacy arrangements. Explain further what the legal position would be if they all emigrate to the United Kingdom. [25 marks]

TOTAL: 50 MARKS