Provisions applying to surrogacy involving assisted reproductive procedures The proposed guidelines do not make substantial changes to the provisions applying to surrogacy, except in regard to rescinding the biological link policy. The rationale for and impacts of this change were discussed in chapter 3: Proposed changes to the biological link policy. Background to the provisions and scope of the current guidelines Neither the HART Act nor the HART defines the procedure of surrogacy. The HART Act defines a arrangement’ but refers to a legal agreement that is ‘surrogacy not enforceable, rather than the procedure itself, facilitated by a fertility services provider where a woman gestates an embryo for intending parents. made substantial changes to the surrogacy guidelines in 2013 on the eligibility criteria for intending parents (discussed in chapter 1: Introduction) and to the title of the guidelines. The current guidelines clarify in the Preamble that the criteria apply only where a surrogacy involves an assisted reproductive procedure. Surrogacies currently requiring ECART approval in accordance with the guidelines are those that involve a clinic, where the embryo transferred to the surrogate has been created from: gametes (eggs and sperm) of two intending parents gametes of one intending parent (male or female) and a donor who is not an intending parent gametes of two donors, neither of whom is an intending parent (not currently allowed under the guidelines). Surrogacies in a clinic where the surrogate uses her own eggs (traditional surrogacies) are not subject to ECART approval.
Provisions applying to surrogacy involving assisted reproductive procedures The proposed guidelines do not make substantial changes to the provisions applying to surrogacy, except in regard to rescinding the biological link policy. The rationale for and impacts of this change were discussed in chapter 3: Proposed changes to the biological link policy. Background to the provisions and scope of the current guidelines Neither the HART Act nor the HART defines the procedure of surrogacy. The HART Act defines a ‘surrogacy arrangement’ but refers to a legal agreement that is not enforceable, rather than the procedure itself, facilitated by a fertility services provider where a woman gestates an embryo for intending parents. made substantial changes to the surrogacy guidelines in 2013 on the eligibility criteria for intending parents (discussed in chapter 1: Introduction) and to the title of the guidelines. The current guidelines clarify in the Preamble that the criteria apply only where a surrogacy involves an assisted reproductive procedure. Surrogacies currently requiring ECART approval in accordance with the guidelines are those that involve a clinic, where the embryo transferred to the surrogate has been created from: gametes (eggs and sperm) of two intending parents gametes of one intending parent (male or female) and a donor who is not an intending parent gametes of two donors, neither of whom is an intending parent (not currently allowed under the guidelines). Surrogacies in a clinic where the surrogate uses her own eggs (traditional surrogacies) are not subject to ECART approval.
review-donation-guidelines-consultation.docx