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Human Assisted Reproductive Technology Act 2004

Prohibited and regulated activities - Prohibited actions

12: Restriction on obtaining gametes from minors

You could also call this:

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

Illustration for Human Assisted Reproductive Technology Act 2004

If you are under 16 years old, no one can take your gametes. You cannot give your gametes to someone else either. If someone takes your gametes when you are under 16, they are doing something wrong. They could go to prison for up to one year or get a fine of up to $100,000, or both.

If someone is charged with taking gametes from someone under 16, they might have a defence. This means they can say why they did it and it might be okay. They can say they took the gametes to preserve them or to help the person have a child that they would bring up.

You can find more information about changes to this law in section 413 of the Criminal Procedure Act 2011. This law was changed on 1 July 2013. The change was made by the Criminal Procedure Act 2011.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM319315.

Topics:
Health and wellbeing > Public healthCrime and justice > Criminal lawFamily and relationships > Children and parenting
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"You can't choose a baby's sex when using embryo implants, except in some medical cases."

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13: Commercial supply of human embryos or human gametes prohibited, or

"Selling or buying human embryos or cells for making babies is against the law."

Part 2Prohibited and regulated activities
Prohibited actions

12Restriction on obtaining gametes from minors

  1. No person may—

  2. obtain a gamete from an individual who is under 16 years; or
    1. use a gamete that has been obtained from an individual who is under 16 years.

      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 gamete concerned was obtained or used by a person—

      3. to preserve the gamete; or
        1. to bring about the birth of a child that was, in the reasonable opinion of the person, likely to be brought up by the individual from whom the gamete was obtained.

          Notes
          • Section 12(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).