What is Assisted Human Reproduction (or AHR)?         

Assisted human reproduction or AHR is where a person is involved in “assisted reproductive procedures” for the purpose of human reproduction (for instance IVF, receiving or becoming a sperm or egg donor, or using a surrogate).

To read more about the rights of parents and donors click here.

If parties are using a provider of AHR services, the providers has certain obligations.

Providers must give advice

Provider must ensure donors, the recipients of AHR services, and any potential guardians are provided with information as follows:

(a)  which information about donors is obtained and kept by providers;

(b)  how long the information is kept;

(c)  why the information is obtained and kept;

(d)  which part of the information is forwarded to, and kept indefinitely by, the Registrar-General;

(e)  the rights given by the Act to donor offspring, the guardians of donor offspring, and other people, to obtain information about donors;

(f)   the rights given by this Act to donors and other people to obtain information about donor offspring;

(g)  the importance of telling offspring about the nature of their conception; and

(h)  the availability of counselling.

Providers must collect information

Providers must ensure that they obtain the following information about the donor or, as the case requires, about each donor:

(a)  the donor’s name;

(b)  the donor’s gender;

(c)  the donor’s address;

(d)  the date, place, and country of the donor’s birth;

(e)  the donor’s height;

(f)   the colour of the donor’s eyes and hair;

(g)  the donor’s ethnicity and any relevant cultural affiliation;

(h)  in the case of a Māori donor, the donor’s whanau, hapu, and iwi, to the extent that the donor is aware of those affiliations;

(i)    any aspects, considered significant by the provider, of the medical history of—

a.    the donor;

b.    the donor’s parents and grandparents;

c.    the donor’s children (if any);

d.    the donor’s siblings (if any); and

(j)    the donor’s reasons for donating.

The information is kept, and may be accessed by the donor or the potential donor offspring in the future, in accordance with extensive guidance that is set out in the law.  This information must be kept for 50 years.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins, we have an experienced family law team, who can answer your questions and put you on the right track.

 

Jaenine Badenhorst
Family Lawyer