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Human Assisted Reproductive Technology Act 2004

Prohibited and regulated activities - Prohibited actions

11: Restrictions on sex selection of human embryos

You could also call this:

"You can't choose a baby's sex when using embryo implants, except in some medical cases."

Illustration for Human Assisted Reproductive Technology Act 2004

When it comes to choosing an embryo for implantation, you cannot pick one based on whether it is a boy or a girl. You also cannot do anything to try to make sure an embryo is a particular sex. This rule is in place to stop people from selecting embryos based on sex for reproductive purposes. If you break this rule, you can get in trouble with the law.

If you do something that goes against this rule, you might have to go to prison for up to one year, pay a fine of up to $100,000, or both. You can defend yourself if you can prove you did it to prevent or treat a genetic disorder or disease. This defence can help you if you are charged with an offence against this section of the law.

You should know that the law around this has been amended, and you can find more information about the amendment in section 413 of the Criminal Procedure Act 2011. However, the main point is that you cannot choose an embryo based on its sex. The law is clear about what you can and cannot do when it comes to selecting embryos.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM319314.

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10D: Cancellation of approval under section 10A, or

"When the ethics committee cancels permission to store embryos or eggs, they follow strict guidelines to keep people safe."

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12: Restriction on obtaining gametes from minors, or

"No one can take body parts from kids under 16 to help make a baby."

Part 2Prohibited and regulated activities
Prohibited actions

11Restrictions on sex selection of human embryos

  1. No person may, for reproductive purposes,—

  2. select an in vitro human embryo for implantation into a human being on the basis of the sex of the embryo; or
    1. perform any procedure, or provide, prescribe, or administer any thing in order to ensure, or in order to increase the probability, that a human embryo will be of a particular sex.

      1. Every person commits an offence who contravenes this section and is liable on conviction to imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000, or both.

      2. It is a defence to a charge of an offence against this section if the defendant proves that the act to which the charge relates was performed to prevent or treat a genetic disorder or disease.

      Notes
      • Section 11(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).