Human Assisted Reproductive Technology Act 2004

If you need more information about this Act, please contact the administering agency: Ministry of Justice
5 Interpretation

In this Act, unless the context otherwise requires,—

advisory committee means the committee established under section 32

approval, in relation to the ethics committee, means an approval given by the ethics committee under section 19

assisted reproductive procedure or procedure—

(a)

means a procedure performed for the purpose of assisting human reproduction that involves—

(i)

the creation of an in vitro human embryo; or

(ii)

the storage, manipulation, or use of an in vitro human gamete or an in vitro human embryo; or

(iii)

the use of cells derived from an in vitro human embryo; or

(iv)

the implantation into a human being of human gametes or human embryos; but

(b)

does not include an established procedure

authorised person—

(a)

means a person authorised in writing by the Director-General of Health to enter and inspect premises for the purposes of this Act; and

(b)

includes the Director-General of Health

cloned embryo means a human embryo that is a genetic copy (whether identical or not) of a living or dead human being, a still-born child, a human embryo, or a human foetus

Customs officer has the same meaning as in section 5(1) of the Customs and Excise Act 2018

donated cell means the whole or part of an in vitro human gamete or other in vitro human cell that is donated for reproductive purposes

donated embryo means an in vitro human embryo that is donated for reproductive purposes

donor means a person from whose cells a donated embryo is formed or from whose body a donated cell is derived; and,—

(a)

in relation to a donor offspring, means the donor or donors of a donated embryo or a donated cell from which the donor offspring was formed; and

(b)

in relation to an embryo that is a donated embryo or is formed from a donated cell, means the donor or donors of that donated embryo or donated cell; and

(c)

in relation to a provider, means the donor or donors of a donated embryo or a donated cell used or available for use in a service performed or arranged by the provider

donor offspring,—

(a)

in relation to a donor, means a person formed from a donated embryo, or a donated cell, that is derived wholly or partly from the donor’s body; and

(b)

in relation to a provider, means a person formed from a donated embryo or a donated cell used in a service performed or arranged by the provider

embryo includes a zygote and a cell or a group of cells that has the capacity to develop into an individual; but does not include stem cells derived from an embryo

established procedure means any procedure, treatment, or application declared to be an established procedure under section 6

ethics committee means the committee designated under section 27

gamete means—

(a)

an egg or a sperm, whether mature or not; or

(b)

any other cell (whether naturally occurring or artificially formed or modified) that—

(i)

contains only 1 copy of all or most chromosomes; and

(ii)

is capable of being used for reproductive purposes

guardian, in relation to a donor offspring, means the donor offspring’s guardian within the meaning of the Guardianship Act 1968

human reproductive research means research that uses or creates a human gamete, a human embryo, or a hybrid embryo

hybrid embryo means an embryo that is formed—

(a)

by fusing a human gamete with a non-human gamete; or

(b)

by fusing or compacting a cell of a human embryo with the cell of a non-human embryo; or

(c)

by fusing or compacting a cell or cells of a human embryo with the cell or cells of another human embryo; or

(d)

by transferring the nucleus of a human cell into a non-human egg or a non-human embryo; or

(e)

by transferring the nucleus of a non-human cell into a human egg or a human embryo

identifying information, in relation to any person, means that person’s name, address, or contact details; and includes any information that is likely to enable another person to ascertain that person’s name, address, or contact details

implant includes insert into and inject into

in vitro, in relation to an embryo, a foetus, gamete, or cell means an embryo, a foetus, gamete, or cell that is outside a living organism

Minister means the Minister of Health

person responsible, in relation to an activity approved by the ethics committee, means the person for the time being approved under section 20

provider—

(a)

means a person who, in the course of a business (whether or not carried on with a view to making a profit), performs, or arranges the performance of, services in which donated embryos or donated cells are used; and

(b)

includes a successor provider

Registrar-General means the person for the time being appointed to that office under section 79(1) of the Births, Deaths, Marriages, and Relationships Registration Act 1995

still-born child has the meaning given to it by section 2 of the Births, Deaths, Marriages, and Relationships Registration Act 1995

successor provider means the successor, receiver, or liquidator of any provider or successor provider

surrogacy arrangement means an arrangement under which a woman agrees to become pregnant for the purpose of surrendering custody of a child born as a result of the pregnancy

valuable consideration includes an inducement, discount, or priority in the provision of a service.

Section 5 Customs officer: amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).

Section 5 Registrar-General: amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).

Section 5 still-born child: amended, on 24 January 2009, by section 47 of the Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 (2008 No 48).