summarise:

The AB case concerned surrogate motherhood and the use of donor gametes.8 In SA law, a woman who undergoes in vitro fertilization (IVF) has the right to use male and female donor gametes, irrespective of whether it is medically indicated, and, further, has the right to select a gamete donor based on inter alia the donor’s characteristics, such as the donor’s educational level, race, and skin tone. However, and seemingly paradoxically, SA statutory law requires a commissioning parent in the context of surrogacy to use his or her own gametes (‘‘the own-gametes requirement’’).

The AB case revolved around the use of donor gametes in surrogate motherhood in South Africa. While women undergoing IVF have the right to use donor gametes and choose donors based on various characteristics, statutory law requires commissioning parents in surrogacy arrangements to use their own gametes.