Working Group Presentation

Legislation in New Zealand: Experience with HART

Wednesday, 15 October
Presenter: Tremane Barr

ABSTRACT

New Zealand Governments Human Assisted Reproductive Technology Bill

The New Zealand government is currently trying to have a new law passed called the Human Assisted Reproductive Technology bill (HART) which would allow for among other things the germ-line genetic modification (genetic engineering) of human embryos.

The HART bill has three main objectives:

1. To prohibit the unacceptable practices of:

• cloning for reproductive purposes;

• the creation of human/non-human hybrid embryos for reproductive purposes;

• the implantation of human and hybrid embryos into animals;

• the implantation of animal and hybrid embryos into humans;

• commercial surrogacy (including advertising);

• commercial supply of embryos and gametes.

2. To establish a process for donor offspring (people conceived as a result of donated sperm or eggs) to access information about their genetic origins.

3. To provide processes for decisions about the use of Assisted Human Reproductive procedures and associated research e.g. mandatory genetic testing, embryo selection and germ-line genetic modification (GLGM).

The first two objectives are largely supported and seen as a positive step forward, it is the third objective that has raised very serious concerns not just from GE Free New Zealand, but from others in NZ and around the world. This is because HART is set to become the first piece of law in the world to legalise the genetic engineering of human embryos. HART will also allow:

• Mandatory genetic testing.

• Embryo selection e.g. pre-implantation genetic diagnosis.

• The creation and use of hybrid human/animal embryos for non-reproductive purposes.

• Human embryo donation.

• Human embryo cloning for non-reproductive purposes e.g. stem cell research.

• Embryo splitting.

• Storage of Embryos.

• Use of eggs derived from dead fetuses e.g. by removing the eggs from the ovaries of dead fetuses and maturing them in vitro.

HART will put in place a decision making framework consisting of a Ministerial Advisory Committee (MAC) and an Ethics Committee (EC). The MAC will set the broad ethical guidelines for the use of assisted human reproductive technologies listed above. The EC will then use these guidelines when a scientist or fertility clinic apply to use any of the assisted human reproductive technologies.

GE Free NZ has serious concerns not just about the world wide precedent of the legalisation germ-line genetic modification for the first time, but also mandatory genetic testing, embryo selection, stem cell research, and the use of animal/human hybrid embryos for research purposes. GE Free NZ would like to see that all of these are added to the prohibited list in the HART bill.