Human Assisted Reproductive Technology Act 2004

Prohibited and regulated activities - Prohibited actions

13: Commercial supply of human embryos or human gametes prohibited

You could also call this:

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

Illustration for Human Assisted Reproductive Technology Act 2004

You cannot buy or sell human embryos or human gametes for money or something else of value. If you do, you are breaking the law and can get in trouble. You could even go to prison for up to one year or have to pay a fine of up to $100,000, or both, if you are found guilty.

You should not give or receive money or something of value for human embryos or human gametes. This rule is part of the law to protect people. The law says what will happen if you break this rule, as stated in the Human Assisted Reproductive Technology Act 2004, which was amended by the Criminal Procedure Act 2011.

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This page was last updated on 6 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM319316.

Topics:

Crime and justice > Criminal lawHealth and wellbeing > Healthcare servicesRights and equality > Privacy

12: Restriction on obtaining gametes from minors, or

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

14: Status of surrogacy arrangements and prohibition of commercial surrogacy arrangements, or

"Surrogacy is allowed, but you can't pay someone to do it or take them to court over it"

Part 2Prohibited and regulated activities
Prohibited actions

13Commercial supply of human embryos or human gametes prohibited

No person may give or receive, or agree to give or receive, valuable consideration for the supply of a human embryo or human gamete.
Every person commits an offence who contravenes subsection (1) and is liable on conviction to imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000, or both.

Notes

Section 13(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).