Second round of consultation on the proposed donation and surrogacy guidelines

Closed 25 Mar 2019

Opened 14 Feb 2019


This is a second round of consultation, following our consultation in 2017, on ACART’s proposed changes to the guidelines for family gamete donation, embryo donation, the use of donated eggs with donated sperm (donated eggs/donated sperm) and clinic-assisted surrogacy (collectively, the Donation Guidelines review). ACART is inviting submissions on three matters it has reconsidered since the first round of consultation.

Although ACART has confirmed its intention to rescind the mandatory biological link requirement, it was apparent from the submissions that not all people had the same understanding of consent under the new regime. Consequently, ACART has amended the consent provisions to ensure they are clear and unambiguous. In this consultation document, ACART presents a full and clear explanation of when consent would be needed, to gauge whether people understand and agree with our proposal. ACART has also made amendments to the provisions for family gamete donations and for surrogacy.

Following consultation, some of ACART’s policy proposals will require changes to the HART Order. Specifically, the HART Order would need amendments to enable the prohibition of certain family gamete donations, and to require all clinic assisted surrogacies and all embryo donations to be subject to the guidelines.

The closing date for feedback is Monday, 25 March 2019.

View the consultation document:

Why We Are Consulting

Your feedback is important in helping ACART finalise its guidelines for family gamete donation, embryo donation, use of donated eggs with donated sperm, and surrogacy and decide any advice to the Minister of Health about amendments to the HART regulatory framework.

Please take this opportunity to have your say. You may give feedback on your own behalf or as a member of an organisation. You can contribute your views by either:

  • using the online feedback form
  • emailing a completed feedback form or your comments to
  • posting a completed feedback form or your comments to:
    ACART Secretariat
    PO Box 5013
    Wellington 6140.

ACART welcomes your views on any or all of the issues raised.


  • Members of the public
  • Health sector


  • Assisted reproduction