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Your views are sought on uses of Assisted Reproductive Technology in New Zealand

6 July 2007

ACART, the Advisory Committee on Assisted Reproductive Technology, today released the consultation paper, Advice on Aspects of Assisted Reproductive Technology: A Consultation Paper on Policy Issues. This consultation paper canvasses the public’s views on the following matters:

The use of:
- clinic-assisted surrogacy
- embryo donation
- donation of gametes between certain family members
- preimplantation genetic diagnosis
- donated eggs with donated sperm
- gametes from deceased people.
The import into, or export from, New Zealand of in vitro donated human gametes or in vitro donated human embryos.
Requirements of informed consent.

Chair of ACART, Professor Sylvia Rumball, says the consultation paper outlines the use of a range of assisted reproductive technologies in New Zealand and seeks public comment on the direction of future policy in these areas.

This consultation paper has two main purposes. Firstly, it seeks public opinion about the classification of assisted reproductive procedures and draft guidelines for the review of assisted reproductive procedures by the Ethics Committee on Assisted Reproductive Technology (ECART). Secondly, it highlights a number of related policy issues, such as the import into, and export from New Zealand of in vitro donated human gametes and embryos, on which ACART must provide advice to the Minister of Health”.

“The Committee is concerned to hear to the views of New Zealanders on these matters and welcomes both written and oral submissions. In formulating its advice to the Minister, ACART must consult with interested parties and the public on these matters and take any submissions into account. Therefore, ACART’s advice to the Minister will also be informed by Committee members meeting with interested parties, including consumers of fertility treatment, fertility clinics and ECART”.

The role of the Advisory Committee on Assisted Reproductive Technology (ACART) is to provide advice to the Minister of Health on any matter relating to assisted reproductive procedures or human reproductive research. In preparing its advice ACART must take into account the views of New Zealanders.

A submission form which includes specific questions can be found at the back of the consultation paper. Submissions close on 17 August 2007.

For interviews with ACART’s Chair and spokesperson, Professor Sylvia Rumball, please contact:

Michael Flyger
Media Advisor
Communications
Ministry of Health
DDI: 04 496 2265
Mobile: 0274 346 878
Fax: 04 496 2010
Michael_Flyger@moh.govt.nz

Questions and Answers

What is ACART?
ACART is an independent Advisory Committee set up under the HART Act to advise the Minister on assisted reproductive procedures and human reproductive research. It has 12 members.

ACART must include:

one or more members with expertise in assisted reproductive procedures
one or more members with expertise in human reproductive research
one or more members with expertise in ethics
one or more Māori members with expertise in Māori customary values and practice and the ability to articulate issues from a Māori perspective
one or more members with the ability to articulate issues from a consumer perspective
one or more members with expertise in relevant areas of the law
one or more members with the ability to articulate the interests of children. Any person appointed under this requirement must be the Commissioner for Children, or a representative or employee of the person who holds that office.

At least half the members of ACART must be lay persons.

ACART is a diverse committee that has been composed to represent a wide-cross section of New Zealand society.

What is ECART?
ECART is the Ethics Committee set up under the HART Act to consider and decide on applications for approvals for assisted reproductive procedures or human reproductive research, and keep under review approvals previously given. Approvals can only be given if the activity is consistent with guidelines established or advice given by ACART.

What is the HART Act?
The Human Assisted Reproductive Technology Act 2004 provides the legislative framework that prohibits or allows some procedures, and requires that others be subject to ethical review on a case-by-case basis before going ahead. The Act identifies where further advice is required on areas of treatment or research, as well as procedures for developing this advice.

What is an assisted reproductive procedure?
An assisted reproductive procedure is a procedure that may only be undertaken after ECART has given its consideration and approval on a case-by-case basis.

The HART Act defines an assisted reproductive procedure as a procedure performed for the purposes of assisting human reproduction that involves:

the creation of an in vitro human embryo; or
the storage, manipulation or use of an in vitro human gamete or an in vitro human embryo; or
the use of cells derived from an in vitro human embryo; or
the implantation into a human being of human gametes or human embryos.

Assisted reproductive procedures do not include procedures that have been established or prohibited under the HART Act.
What is human reproductive research?
Human reproductive research means research that uses or creates a human gamete (sperm or eggs) or a human embryo.
What is an embryo?
The Human Assisted Reproductive Technology (HART) Act defines an embryo as including a zygote and a cell or group of cells that has the capacity to develop into an individual; but does not include stem cells derived from an embryo.

What is a gamete?
The Human Assisted Reproductive Technology (HART) Act defines a gamete as:

a human egg or sperm, whether mature or not, or
any other cell (whether naturally occurring or artificially formed or modified) that
contains only one copy of all or most chromosomes; and
is capable of being used for reproductive purposes.

What is surrogacy?
Surrogacy is an arrangement under which a woman agrees to become pregnant for the purpose of surrendering custody of a child born as a result of the pregnancy. Clinic-assisted surrogacy is a surrogacy arrangement that is facilitated by a fertility clinic, whether by in vitro fertilisation or donor insemination.

What is embryo donation?
Embryo donation for reproductive purposes is the donation, by a couple who have ‘surplus’ embryos following in vitro fertilisation (IVF) treatment, of one or more of their embryos to an infertile couple or person.

What is preimplantation genetic diagnosis?
Preimplantation genetic diagnosis (PGD) involves testing the embryo to investigate if it is affected by a particular genetic mutation before being implanted in the uterus. PGD can identify a range of genetic diseases and chromosomal disorders. Currently some uses of PGD are established and able to go ahead without ethical approval from ECART (these uses are listed in Part 2 of the HART Order in Council 2005) and some uses of PGD are prohibited (ie, use for sex selection).

Other uses of PGD are subject to interim guidelines and must be reviewed by ECART.

This consultation paper addresses those uses which require ethical approval from ECART

Why have draft guidelines been included in the consultation paper?
ACART have developed draft guidelines that reflect the HART Act’s guiding principles and also take account of New Zealand’s broader regulatory context. ACART have included draft guidelines in the consultation paper to both provide an indication of the Committee’s thinking and also to stimulate public comment.

Why is ACART consulting the public?
ACART is consulting the public because human assisted reproductive technology is an important issue for our society. People have a range of views based on their values which can give rise to significant ethical and moral debate.

The HART Act also requires ACART to consult the public before giving advice to the Minister of Health or issuing guidelines to the Ethics Committee.

How is ACART conducting public consultation?
ACART’s consultation involves:

release of a consultation paper that outlines the procedures and related issues on which ACART must advise the Minister – people are encouraged to make written submissions
holding meetings with interested parties, including consumers of fertility treatment, fertility clinics and ECART
hearing formal oral submissions.

Information on where and when oral hearings will take place will be published on ACART’s website in August 2007.

When do submissions close?
Submissions close at 5 pm on Friday 17 August 2007.

Who do I send my submission to?
Send your submission to the ACART Secretariat:

acart@moh.govt.nz

ACART Secretariat
P O Box 5013
Wellington

Can I make an oral submission?
Yes, the HART Act requires ACART to hear oral submissions if it considers that a significant number of people wish to make an oral submission. Making an oral submission provides you with an opportunity to explain your point of view to ACART in person. It also provides ACART with the opportunity to ask supplementary questions during your oral submission.

If you want to make an oral submission, you must let the ACART Secretariat know as soon as possible, and not later than 17 August 2007:
(acart@moh.govt.nz; (04) 496 2000; or P O Box 5013, Wellington).

What about the consultation on use of gametes and embryos in human reproductive research?
ACART undertook a public consultation on the use of gametes and embryos in human reproductive research earlier this year and provided its advice to the Minister of Health at the end of June 2007.

How will ACART formulate its advice to the Minister of Health?
ACART’s advice to the Minister of Health will be informed partly by the submissions arising from this consultation. However, the submissions will be considered alongside other considerations such as existing policy in New Zealand, scientific and ethical analysis and the principles of the HART Act. ACART will advise the Minister by 30 November 2007.

The Government will make the final decisions about New Zealand’s policy on the aspects of assisted reproductive technology addressed in the consultation paper.