Rethinking the Right to Procreate: An African Imperative

Abstract

I argue in this Article that our right to procreate should be balanced against the survival rights of the procreated children and against the right not to suffer an undue burden of those, whether near or far, who share the world with us. I observe that the African environment with its strong cultural values promotes the rapid rate of procreation on the continent and I find in the “best interests of the child principle” the most acceptable means of challenging the status quo with minimum controversy. It is my conclusion that a right to procreate carries with it an inherent duty to act responsibly, and that this should be the basis of a legal framework to regulate procreation and maintain a balance between the right to procreate and the rights of potential children and/or third parties.