Government unveils controversial reproduction laws

2.45pm - By IAN LLEWELLYN

Children born using assisted human reproduction technology will be able to track down sperm donors under new laws proposed by the Government today.

Associate Justice Minister Lianne Dalziel said the Government's amendments to the already introduced Human Assisted Reproductive Technology Bill would fill a wide gap in law.

Under the proposals areas such as cloning, commercial surrogacy, placing human embryos in animals and vice versa, and the creation of hybrid embryos for reproduction would all be banned by Parliament.

Other areas such as embryo donation, selection, storage and splitting would be dealt with by an ethics committee approving individual applications.

Those applications would only be considered if a ministerial advisory committee had already produced guidelines or established procedures on the particular application type.

Ms Dalziel's proposals would set up the ministerial advisory committee, which would in turn create guidelines, which would be enforced by a Cabinet decision known as an Order in Council.

Decisions of the committee would hold paramount the "health and well-being of any child born as a result of AHR technology".

The Government had also decided to overturn the current status quo concerning the anonymity of donors.

Families do not have to tell children the circumstances of their conception, but can do so at any time.

When a donor offspring reaches 18, or 16 with the permission of the Family Court, they will be able to get identifying information about the donor.

A donor will be told if their contribution has resulted in a child being born, but they cannot get identifying details about the child without the prior consent of the offspring.

The law will not be retrospective.

Those giving fertility treatment would be required to inform the Births, Deaths and Marriages Registrar of the birth of any child whose conception involved donated material from a man or woman.

The registrar would set up a new register containing information about donor offspring, their birth parents and donors. The only people able to access the register would be those on whom information was stored.

Ms Dalziel said the new set-up was very much in line with adoption laws.

She said the anonymity of donors had been one of the reasons that such schemes had been so popular and conceded there may now be a fall-off in donations.

Information available to donor offspring would be much wider than in other countries. Most other jurisdictions allow those children to check on the health circumstances of their donors and to ensure they are not entering into a relationship with a close relative.

Ms Dalziel said on wider matters of new technology, there would be general support for the total ban on cloning.

Anyone undertaking a prohibited action faces up to five years in prison and/or a fine of $200,000.

The commercial supply of embryos and similar material would get one year in prison and/or a $100,000 fine. Commercial surrogacy would attract the same penalty.

Undertaking unauthorised research without ethical approval would gain three months in prison and/or a $50,000 fine.

Ms Dalziel said the ministerial committee would look at a number of "significant issues" as a priority.

These include:

*Embryo donation;

*Embryo cloning for non-reproductive purposes;

*Embryo selection;

*Embryo splitting;

*Germ-line genetic modification:

*Storage of embryos;

*Use of gametes (sperm and eggs) from foetuses;

*The use of invitro embryos for research;

A number of other areas are already covered by guidelines.

Documents released by the minister said after the proposals were passed into law it was expected the health minister would begin the process of certifying fertility clinics. It was expected this process would take up to two years.

Parliament has been struggling with the ethical and legal issues of AHR technologies since MP Dianne Yates introduced a private members bill.

It had promoted a licensing regime, but Ms Dalziel said even as a select committee considered the bill the regime was overtaken by new technology and research.

Ms Dalziel said the approach being put forward by the Government was flexible enough to deal with new issues and changes in society's values.

It is expected Ms Yates bill with the Government's amendments would be reported back to Parliament within 6 months and the legislation come into force in early 2004.

The prohibitions would come into force immediately after the bill was passed in law other aspects such as ministerial advisory committee and the donor register nine months later.

- NZPA