Human Assisted Reproductive Technology Act 2004

Information about donors of donated embryos or donated cells and donor offspring - Court orders deeming certain donor offspring to be 18

65: Family Court may confer certain rights on donor offspring aged 16 or 17

You could also call this:

"Donor offspring aged 16 or 17 can ask the Family Court for rights like an 18-year-old."

Illustration for Human Assisted Reproductive Technology Act 2004

If you are a donor offspring aged 16 or 17, you can apply to the Family Court for an order. This order would mean you are treated as if you are 18 years old for certain purposes, such as those stated in sections 50, 56, 57, 58, 59, and 63. The Family Court Judge can make this order if they think it is in your best interests.

The Judge's order can tell a named provider or the Registrar-General to treat you as if you are 18 years old. This order is only for the purposes stated in those sections.

Rules about how the Family Court works in these cases can be made under section 16A of the Family Court Act 1980.

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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=DLM319392.

Topics:

Health and wellbeing > Healthcare servicesFamily and relationships > Children and parentingRights and equality > Privacy

64: Application of this Part to section 63, or

"Most of this part of the law does not apply to section 63, but some sections do."

66: Application of Privacy Act 2020, or

"How to complain about information handled under the Human Assisted Reproductive Technology Act"

Part 3Information about donors of donated embryos or donated cells and donor offspring
Court orders deeming certain donor offspring to be 18

65Family Court may confer certain rights on donor offspring aged 16 or 17

A donor offspring who is 16 years or older but under 18 years may apply to the Family Court for an order that, for the purposes of 1 or more of the provisions stated in subsection (2), the donor offspring is to be treated as a donor offspring who is 18 years old.
The provisions are sections 50, 56, 57, 58, 59, and 63.
If satisfied that it is in the best interests of the donor offspring to do so, a Family Court Judge may make an order that requires a named provider or the Registrar-General, or both, to treat, for the purposes of 1 or more of the provisions specified in subsection (2), the donor offspring as a donor offspring who is 18 years old.
Rules may be made under section 16A of the Family Court Act 1980 relating to the practice and procedure of the Family Court in proceedings under this Act.

Notes

Section 65(4): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).