Storage limit on sperm, eggs, embryos clarified
Hon Simon Power
Minister of Justice
24 November 2009
Media Statement
Ten-year storage limit on sperm, eggs, embryos clarified
A bill that clarifies the setting of the10-year limit on storing human sperm, eggs, and embryos was introduced to Parliament today.
"The Human Assisted Reproductive Technology (Storage) Amendment Bill will clarify that the 10-year storage limit starts from 2004, as was always intended," Justice Minister Simon Power said.
"This means that sperm, eggs, and embryos stored before 2004 can be stored until 2014. If fertility clinics have clients who wish to extend storage beyond 2014, they will require approval from the ethics committee before the 10-year storage limit is up.
"It has generally been believed that the Act's 10-year limit would take effect only from 2004 when the Act came into force.
"Subsequent legal advice has raised concerns that the 10-year limit starts whenever a human sperm, egg, or embryo is stored, meaning that any person who stores sperm, eggs, or embryos for more than 10 years is in breach of the Act.
"This Government believes it would be unfair to require fertility clinics to destroy the sperm, eggs, or embryos that have been stored for more than 10 years, when they have acted in good faith and reasonably believed they could be stored until 2014," Mr Power said.
If anyone needs to make decisions about sperm, eggs, and embryos currently being stored, the Ministry of Health will ensure that appropriate information is available.
Background information follows.
Background
Human Assisted Reproductive Technology (HART) Act 2004
Section 10 of the Act provides for the ten year limit on storing human gametes (sperm and eggs) and embryos, and for extending the ten years in particular cases.
ACART and the ethics committee
The
Advisory Committee on Assisted Reproductive Technology
(ACART) is responsible for developing the guidelines and
advice that will be used by the ethics committee to decide
applications for extended storage. ACART will soon be
developing guidelines and advice on extended storage
applications. Once these are finalised, individuals can
then submit their applications for extended storage to the
ethics committee which will be in a position to make
decisions on applications.
Human Assisted Reproductive Technology (Storage) Amendment Bill – Questions and Answers
What does the bill provide for sperm, eggs and embryos stored before 2004?
The bill provides that the storage period for all sperm, eggs and embryos stored before the commencement of the Act (22 November 2004) will be calculated from the commencement date Therefore the earliest that the 10-year storage limit will expire will be 2014.
For sperm, eggs and embryos stored on or after the commencement date (22 November 2004), the storage period is calculated from the date of storage.
What is required of fertility clinics and clients with sperm, eggs and embryos stored before 2004?
If fertility clinic clients have sperm, eggs and embryos stored before 2004, and wish to extend storage beyond 2014, they will require approval from the ethics committee. Fertility clinics need to advise these clients that they need to apply to the ethics committee for extended storage and have it approved before 2014.
When can applications for extended storage be made?
The Minister of Health has asked the Advisory Committee on Assisted Reproductive Technology to develop the guidelines that will be used by the ethics committee to decide applications for extended storage.
Once the guidelines have been finalised, applications for extended storage can be submitted to the ethics committee.
ENDS