Human Assisted Reproductive Technology Act 2004

• Jurisdiction: New Zealand
• Reference: 2004 No 92
• Citation: 2004 No 92
• Record Number: DLM319240
• Act Number: 92
• Type of Document: Act

Contenidos

• Human Assisted Reproductive Technology Act 2004
• Contents
• 1 Title
• 2 Commencement
• Part 1
• 3 Purposes
• 4 Principles
• 5 Interpretation
• 6 Procedures or treatments may be declared to be established procedures
• 7 Act binds the Crown
• Part 2
• Part 1
• 8 Prohibited actions
• 9 Duty to stop development of in vitro human or hybrid embryos
• 10 Restriction and prohibition on further storage of human in vitro embryos and human in vitro gametes stored for applicable period (10 years and extensions)
• 10A Ethics committee may approve extensions
• 10B Giving of approval under section 10A
• 10C Changing of approval under section 10A
• 10D Cancellation of approval under section 10A
• 11 Restrictions on sex selection of human embryos
• 12 Restriction on obtaining gametes from minors
• 13 Commercial supply of human embryos or human gametes prohibited
• 14 Status of surrogacy arrangements and prohibition of commercial surrogacy arrangements
• 15 Advertising for illegal action prohibited
• Part 2
• 16 Assisted reproductive procedures and human reproductive research only to proceed with prior approval
• 17 Approved activities must proceed in accordance with applicable conditions and regulations
• 18 Applications for approval
• 19 Approval of assisted reproductive procedure or research
• 20 Person responsible for activity
• 21 Ethics committee may change conditions
• 22 Ethics committee may cancel approval
• 23 If approval cancelled, activity must be stopped
• 24 Moratorium may be imposed on forms of assisted reproductive procedure or human reproductive research
• 25 Committee must not consider applications for approvals subject to moratorium
• 26 Offence to perform procedures or conduct research subject to moratorium
• 27 Designation of ethics committee
• 28 Functions of ethics committee
• 29 Ethics committee must operate expeditiously and in accordance with guidelines of advisory committee
• 30 Advisory committee to be informed of approvals
• 31 Information about ethics committee must be made public
• Part 3
• 32 Advisory committee must be established
• 33 Number of members and procedure
• 34 Appointment of members
• 35 Functions of advisory committee
• 36 Advisory committee to publish and notify guidelines
• 37 Advisory committee to provide specific advice in respect of human reproductive research
• 38 Advisory committee to provide specific advice in respect of human assisted reproductive technology
• 39 Advisory committee to call for and consider submissions before giving significant advice
• 40 Public meetings on proposed significant advice
• 41 Requirement to consult
• 42 Information about advisory committees to be made public
• Part 3
• 43 No retroactive application
• 44 Provisions not applicable to all information
• 45 Duty to ensure that person requesting information is authorised
• 46 Providers must give advice to prospective donors and prospective guardians
• 47 Providers must obtain and accept information about donors
• 48 Providers and Registrar-General must keep information about donors
• 49 Access by donors to information about them kept by providers
• 50 Access by donor offspring to information about donors kept by providers and Registrar-General
• 51 Restriction on access to information about donors
• 52 Providers must keep track of donor offspring births
• 53 Providers must notify Registrar-General of donor offspring births
• 54 Providers must give Registrar-General corrected information
• 55 Registrar-General and providers must keep information about donor offspring
• 56 Providers to accept updated and corrected information about donor offspring
• 57 Access by donor offspring to information about them kept by providers or Registrar-General
• 58 Access to information about siblings of donor offspring
• 59 Donor offspring 18 years or older may consent to disclosure of identifying information to donor
• 60 Access by donors to information about donor offspring kept by providers
• 61 Access by donors to information about donor offspring kept by Registrar-General
• 62 Restriction on disclosure of information about donor offspring
• 63 Voluntary register to be maintained by Registrar-General
• 64 Application of this Part to section 63
• 65 Family Court may confer certain rights on donor offspring aged 16 or 17
• 66 Application of Privacy Act 2020
• Part 4
• 67 Matters to be ascertained by authorised persons
• 68 Powers of authorised persons