Bioethics Beyond Altruism Donating and Transforming Human Biological Materials

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5 Towards an Understanding of Embryo Donation ... 117

The New Zealand Context

The fate of cryopreserved embryos that remain following IVF, which are
regarded as ‘surplus’ to requirements once a couple or individual have
completed their family, gives rise to a consideration of ED. In New
Zealand, as with the practice elsewhere, ED has the potential to benefit
infertile people who could receive a ‘surplus’ embryo. The numbers of
embryos in storage are reported to be high, with an estimated 92,540
embryos across Australia and New Zealand in 2010 (Stiel et al. 2010 ).
However, under the New Zealand legislation regarding assisted human
reproduction, ED was initially seen as an innovative practice (HART
Act 2004 ). As a result, it was required that policy guidelines be devel-
oped by the government-appointed committee, the Advisory Committee
on Assisted Human Reproduction (ACART). After public consultation
and government approval, a set of guidelines were agreed upon, and ED
began in 2005. The main components of these guidelines are that:



  1. The embryos must have been formed from the couple’s own gametes

  2. The embryos must be ‘surplus’ to the couple’s needs and remain after
    they have completed their families

  3. The embryos may be used to create full genetic siblings in no more
    than two families.


Further, guidelines specify donor identity registration and recommend
openness and disclosure, so that donor-conceived offspring may have
information about their genetic background. Guidelines also stipu-
late the need for individual counselling for the donors and recipients,
as well as joint counselling in which donors and recipients and their
families meet for full implications counselling. Counselling addresses
both current and longer-term issues that may arise for the offspring and
the donor and recipient families (ACART 2008 ). Recommendations
include information-sharing and open communication between donor
and recipient families, making it similar to ‘open’ adoption as it has
long been practised in New Zealand (Lovelock 2010 ). It will be noted
that most of the above guidelines relate to the psychosocial issues arising


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