The State in Action: An Insider's View of How the State Regulates the Use of PGD with HLA Tissue-Typing in New Zealand

Mark Henaghan and Thomas Cleary "The state in action" in Sarah Elliston and Sheila A.M. McLean (eds) Regulating Pre-Implantation Genetic Diagnosis A Comparative and Theoretical Analysis (Taylor and Francis, Oxon, 2013) 199

Posted: 29 Nov 2016

See all articles by Mark Henaghan

Mark Henaghan

University of Otago; University of Otago

Thomas Cleary

University of Otago - Faculty of Law

Date Written: 2013

Abstract

In New Zealand the choice by intending parents to use reproductive technology is limited by legislation. This default restriction on the prospective parents’ procreative autonomy applies unless the use of the assisted reproductive procedure has been approved on the basis of guidelines or regulations. The task of creating these guidelines falls to a non-governmental advisory committee, the Advisory Committee on Assisted Reproductive Technology (ACART). This advisory committee is supposedly unconstrained by political considerations and, in theory, provides a forum for deliberative discussions on the ethical and social disagreements that surround the use of assisted reproductive technologies.

This chapter provides an analysis, from the perspective of a member of ACART, of how the advisory committee functions in reality. It focuses specifically on the developments of guidelines controlling the use of pre-implantation genetic diagnosis (PGD) with human leukocyte antigen (HLA) tissue-typing, more commonly referred to as creating ‘saviour siblings’.

Keywords: New Zealand Law, PGD, HLA Tissue-Typing, Reproductive Technology, HART Act 2004

JEL Classification: K00, K36, K23, K32

Suggested Citation

Henaghan, Mark and Cleary, Thomas, The State in Action: An Insider's View of How the State Regulates the Use of PGD with HLA Tissue-Typing in New Zealand (2013). Mark Henaghan and Thomas Cleary "The state in action" in Sarah Elliston and Sheila A.M. McLean (eds) Regulating Pre-Implantation Genetic Diagnosis A Comparative and Theoretical Analysis (Taylor and Francis, Oxon, 2013) 199, Available at SSRN: https://ssrn.com/abstract=2875081

Mark Henaghan (Contact Author)

University of Otago ( email )

Faculty of Law
P.O. Box 56
Dunedin, 9054
New Zealand
64 3 479 5324 (Phone)
64 3 479 8855 (Fax)

HOME PAGE: http://otago.ac.nz/law/genome

University of Otago ( email )

PO Box 56
Dunedin North
Dunedin, 9016
New Zealand
6434798854 (Phone)
644798855 (Fax)

HOME PAGE: http://otago.ac.nz/law/genome

Thomas Cleary

University of Otago - Faculty of Law ( email )

PO Box 56
Dunedin North
Dunedin, 9016
New Zealand

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