Comment is sought "within three months" on proposals for replacing the 2012 regulations on artificial human fertilisation, writes Pam Saxby in Legalbrief Policy Watch. Once in force, the new assisted human conception regulations will apply to "donated gametes from and for use in all in vitro fertilisation procedures on living persons performed in an in vitro fertilisation clinic". Among other things, they will require every clinic to apply for authorisation; prescribe the procedures to be followed in considering the applications concerned; and prescribe criteria to be met and administrative procedures followed during the process of procuring/withdrawing gametes for in vitro fertilisation.
Other provisions in the draft regulations prohibit gamete procurement from certain individuals; prescribe how gametes should be stored; provide guidance on how much a donor may reasonably be "reimbursed"; establish an electronic central database of information on gamete donors, assisted conception treatment outcomes, all persons deemed competent to conduct the clinical procedures entailed, and all authorised clinics; prescribe the information to be recorded; and impose a threshold on the number of live births and recipients to which/whom a donor may contribute gametes.
Regarding embryo transplants, the proposed new regulations prescribe the administrative and related procedures to be followed; and prohibit pre-implantation testing aimed at selecting the sex of an embryo – except in the case of "serious sex-linked or sex-limited genetic conditions". Where a child born of assisted conception later displays a genetic disorder or any form of mental illness, the authorised facility at which the conception took place will be required to report this to the national Health Department. The 2012 provisions for gamete, zygote and embryo ownership do not feature in the replacement regulations.