This document contains the definition and explanation of 4IR and what it entails. It then establishes and discusses the consequences and effects of 4IR in Family Law.
INTRODUCTION
Technology has shown rapid and drastic developments and advancements over the
years. We have had different stages of technological revolution. The Fourth Industrial
Revolution (4IR) is the stage we are currently in.
DEFINITION AND THE CHARACTERISTICS OF 4IR
4IR can be defined as the fusion of different technologies such as Artificial Intelligence
(AI), robotics, virtual reality, mobile devices and the internet with the aim of combining
the physical, digital and biological spheres.14IR basically aims at merging the physical
and digital worlds into one big and efficient technological sphere. 4IR is characterized
by mobile internet, sensors, Artificial Intelligence, and machine learning. 2 It also
combines material science, nano technology, energy and biology. 3
DIFFERENCE BETWEEN 4IR AND ARTIFICIAL INTELLIGENCE (AI)
4IR and Artificial Intelligence branch from the same stem. This is proven by the fact that
AI is part of the technologies that form 4IR. However, 4IR differs from Artificial
Intelligence because it involves advanced technology that merges both the physical and
digital worlds to sort of replace what humans used to do. 4 On the other hand, Artificial
Intelligence involves the development of computer systems or models to create
machines that will work alongside humans to achieve efficiency, increased productivity,
and the minimization of errors.5
1
Schwab The Fourth Industrial Revolution (2016) 12.
2
Schwab The Fourth Industrial Revolution (2016) 12.
3
Lemmer “Surviving the Fourth Industrial Revolution” 2019 Sabinet African Journals 30-31.
4
Escajeda “Zero economic value humans? 10 Wake Forest J.L. & Pol’y 129” 2020 Wake Forest Journal of Law and
Policy.
5
Toerien “Engage with Artificial Intelligence” 2019 Sabinet African Journals 36-37.
, QUESTION 2
INTRODUCTION
Family Law is part of the many branches of Law that has been affected by the Fourth
Industrial Revolution. 4IR has brought about changes in the ways in which families can
be expanded, for example through in vitro fertilization and how legal rules pertaining to
family issues can be enforced, for example through virtual court hearings.
EFFECTS OF 4IR ON SURROGACY
Surrogacy is defined as the act of artificially fertilizing another woman (surrogate
mother) for the purposes of bearing a child for the commissioning parents. 6 There are
two types of surrogacy procedures, namely Traditional and Gestational. 7 Traditional
surrogacy occurs when the surrogate mother’s gametes are fertilized by the gametes of
the commissioning father used. Whereas Gestational surrogacy occurs when both
commissioning parents’ gametes are used for the procedure. 8
In the early years Traditional surrogacy was the only surrogacy procedure possible. It
was mandatory for the surrogate mother to have sexual intercourse with the
commissioning father to get pregnant as there was no other way for her to get pregnant.
However, the introduction and revolution of technology and 4IR has changed that and
allowed the use of both Traditional and Gestational surrogacy. There are now ways to
inseminate the embryo (gametes of both commissioning parents) into the surrogate
mother’s womb. The surrogate mother is also exempted from having sexual intercourse
with the commissioning father.
EFFECTS OF 4IR ON IVF
6
The Children’s Act 38 of 2005.
7
Patel et al “Insight into Different Aspects of Surrogacy Practices” 2018 Journal of Human Reproductive Sciences
212.
8
Patel et al “Insight into Different Aspects of Surrogacy Practices” 2018 Journal of Human Reproductive Sciences
212.
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