Plain language law

New Zealand law explained for everyone

Human Assisted Reproductive Technology Act 2004

Information about donors of donated embryos or donated cells and donor offspring - Advice to prospective donors

46: Providers must give advice to prospective donors and prospective guardians

You could also call this:

"People who help with donations must explain important things to donors and future parents before it happens."

Illustration for Human Assisted Reproductive Technology Act 2004

If you want to donate an embryo or a cell, the provider must tell you some important things before you agree. They must tell you what information they collect about donors, how long they keep it, and why they need it. They also need to tell you which information is sent to the Registrar-General and kept forever. You have the right to know what information the provider collects and keeps, and you should be told about this before you donate. The provider must also tell prospective guardians of a child born from a donated embryo or cell about these things, before the child is born. The provider must inform you about the rights of donor offspring, their guardians, and others to get information about donors, as well as the rights of donors to get information about the offspring. The law also says that providers must tell you about the importance of telling children how they were conceived and that counselling is available. This law does not change any rights or duties in the Health and Disability Commissioner (Code of Health and Disability Services Consumers' Rights) Regulations 1996.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM319366.

Topics:
Health and wellbeing > Healthcare servicesFamily and relationships > Children and parentingRights and equality > Privacy
Previous

45: Duty to ensure that person requesting information is authorised, or

"Check who's asking for your info to keep it safe"

Next

47: Providers must obtain and accept information about donors, or

"Providers must collect and update info about people who donate embryos or cells, like their identity, health, and family details."

Part 3Information about donors of donated embryos or donated cells and donor offspring
Advice to prospective donors

46Providers must give advice to prospective donors and prospective guardians

  1. A provider must ensure that, before a person consents to donating a donated embryo or a donated cell to or through the provider, or to any service performed or arranged by the provider that involves a donated embryo or a donated cell, the person is told the things described in subsection (3).

  2. Before a provider performs or arranges the performance of a service that may result in the birth of a donor offspring, the provider must ensure that each prospective guardian of the donor offspring is told the things described in subsection (3).

  3. The things are as follows:

  4. which information about donors is obtained and kept by providers:
    1. how long the information is kept:
      1. why the information is obtained and kept:
        1. which part of the information is forwarded to, and kept indefinitely by, the Registrar-General:
          1. the rights given by this Act to donor offspring, the guardians of donor offspring, and other people to obtain information about donors:
            1. the rights given by this Act to donors and other people to obtain information about donor offspring:
              1. the importance of telling offspring about the nature of their conception:
                1. the availability of counselling.

                  1. To avoid any doubt, this section does not limit any right or duty set out in the Health and Disability Commissioner (Code of Health and Disability Services Consumers' Rights) Regulations 1996.