scholarly journals From the Grave to the Cradle: Looking for Answers to the Question of Consent to Reproduce Posthumously in New Zealand

2019 ◽  
Vol 50 (3) ◽  
pp. 433
Author(s):  
Martha Ceballos
Keyword(s):  
New Zealand ◽  
Assisted Reproductive Technology ◽  
Legal Framework ◽  
Legal Aspects ◽  
Reproductive Technology ◽  
Ethics Committee ◽  
Human Reproduction ◽  
Consultation Process ◽  
High Court ◽  
Posthumous Reproduction

In New Zealand, posthumous reproduction is regulated by the Human Assisted Reproductive Technology Act 2004 (HART Act), which established two bodies, the Advisory Committee on Assisted Reproductive Technology (ACART) and the Ethics Committee on Assisted Reproductive Technology (ECART). In 2000, the predecessor of ECART, the National Ethics Committee on Assisted Human Reproduction (NECAHR), issued "Guidelines for the Storage, Use, and Disposal of Sperm from a Deceased Man" designed to provide a legal framework for this technology. However, a recent application to the High Court by the partner of a man who unexpectedly died, requesting permission to have sperm retrieved from the deceased and the subsequent judgment handed down by the High Court in 2017,  have highlighted the shortcomings of the current posthumous reproduction regulations. This has led to a recent consultation process by ACART to review and revise the guidelines. Relying on Re Lee, the landmark judgment of the High Court that found in favour of granting the permission sought and which sheds light on the legal aspects of posthumous reproduction in New Zealand, the current article discusses the approach endorsed by the HART Act regarding consent for posthumous retrieval and use of gametes.

Posthumous Reproduction: A Consideration of the Medical, Ethical, Cultural, Psychosocial and Legal Perspectives in the New Zealand Context

2002 ◽  
Vol 5 (4) ◽  
pp. 259-279 ◽  
Author(s):  
Alison Douglass ◽  
Ken Daniels
Keyword(s):  
New Zealand ◽  
Multidisciplinary Approach ◽  
Ethics Committee ◽  
Human Reproduction ◽  
Assisted Human Reproduction ◽  
Posthumous Reproduction

This paper describes the development of New Zealand policy on posthumous reproduction in assisted human reproduction. It outlines five perspectives: medical, ethical, cultural, psychosocial and legal and shows the multidisciplinary approach taken by the National Ethics Committee. It is argued that each of these perspectives has important contributions to make to the multidisciplinary approach. The guidelines determined by the Committee are outlined, along with the processes used in arriving at these.

scholarly journals Does the Human Assisted Reproductive Technology Act 2004 need a review?

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Michael Legge ◽  
Ruth Fitzgerald
Keyword(s):  
New Zealand ◽  
Assisted Reproductive Technology ◽  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Reproductive Technology ◽  
Good Coverage

The use of assisted reproductive technologies (ART) in New Zealand is governed by the Human Assisted Reproductive Technology Act 2004 (the HART Act), which provides for all procedures currently undertaken by fertility clinics and other centres involved with ART. Although the Act has provided good coverage for the use of ART over the last 16 years, it did not have a revision clause. Here, we explore whether the HART Act should be reviewed, and outline the important considerations that need to be taken into account to ensure that the legislation is up to date with current issues and technologies.

scholarly journals Assisted Reproductive Technology

2014 ◽  
Vol 4 (1) ◽  
pp. 1-10 ◽  
Author(s):  
JP Deep
Keyword(s):  
Assisted Reproductive Technology ◽  
Human Sperm ◽  
Reproductive Technology ◽  
Human Reproduction ◽  
Unprotected Sexual Intercourse ◽  
Vitro Fertilization ◽  
Medical College ◽  
The United Kingdom ◽  
One Year

All the treatment or procedure that includes the handling of both human sperm and oocytes or embryos in vitro for the purpose of establishing a pregnancy in order to bypass some pathological obstacles in human reproduction is known as Assisted Reproductive Technology (ART). Now we must be approaching 1.5 million Assisted Reproductive Technology birth since the birth of the world’s first in vitro fertilization baby, Louise Brown, in the United Kingdom. The infertility is caused by various reason and factors from either or both partners. Infertility affects worldwide by 8-15 percent of couples in general and defined as a disease of the reproductive system by the failure to achieve a clinical pregnancy after one year or more of regular unprotected sexual intercourse. DOI: http://dx.doi.org/10.3126/jcmc.v4i1.10840 Journal of Chitwan Medical College 2014; 4(1): 1-10

scholarly journals Filiation and Assisted Reproductive Technology

2014 ◽  
Vol 31 (4) ◽  
pp. 701-729
Author(s):  
Hernán Corral
Keyword(s):  
Assisted Reproductive Technology ◽  
Assisted Reproduction ◽  
Human Dignity ◽  
Reproductive Technology ◽  
Human Reproduction ◽  
Legal Systems ◽  
Human Beings ◽  
Best Interest ◽  
Assisted Reproduction Techniques ◽  
International Standard

This article deals with the various filiation issues arising from the application of assisted reproduction techniques. The author asserts that assisted reproduction techniques produce a dissociation between the blood and genetic elements of procreation and people's will to become parents, which causes hard judicial dilemma in paternity suits. Legislative and judicial criteria developed both under European and American legal systems to solve this case are systematized in the article, wherein the author directs criticism to those criteria that tend to undermine the natural physiology of human reproduction in spite of the "intent of reproduction" concept. This latest concept is criticized as being a form of contractualization of filiation links. The author suggests that a deeper understanding of the human dignity, and of the international standard of the best interest of the child should be useful to protect children from being a part of the new market-of-human-beings that could arise from the massive application of assisted reproduction techniques.

scholarly journals Assisted reproductive technology in Australia and New Zealand: cumulative live birth rates as measures of success

2017 ◽  
Vol 207 (3) ◽  
pp. 114-118 ◽  
Author(s):  
Georgina M Chambers ◽  
Repon C Paul ◽  
Katie Harris ◽  
Oisin Fitzgerald ◽  
Clare V Boothroyd ◽  
...  
Keyword(s):  
New Zealand ◽  
Assisted Reproductive Technology ◽  
Live Birth ◽  
Reproductive Technology ◽  
Birth Rates ◽  
Live Birth Rates ◽  
Cumulative Live Birth
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