Test-tube Babies And The Law (Press, 13 December 1985)

In December 1985, an article by Vernon Wilkinson won the first prize in a newspaper feature writing competition for its exploration of the legal implications surrounding recent developments in human genetic engineering, particularly concerning reproductive technologies such as artificial insemination and in vitro fertilisation (IVF). As discussions about homosexual law reform highlighted the limits of legislation's role in personal and intimate matters, similar discussions emerged around genetic engineering. A commission was established to review the legal aspects of these technologies and is expected to report back to Parliament in 1986. In preparation for this, New Zealand's Law Reform Division has published an "Issues Paper" that outlines various options and implications for New Zealanders, aiming to foster public debate and develop a broadly accepted policy. The paper examines artificial insemination by donor or husband (AID or AIH) and in vitro fertilisation (IVF). AID involves the introduction of sperm into the uterus without sexual intercourse, typically when the husband is infertile or incapable of sexual performance. IVF occurs when an ovum is fertilised outside the body before being implanted back into the uterus, though its success rate is modest and the procedure is expensive. Increasing infertility rates, attributed in part to sexually transmitted diseases and changing social attitudes toward motherhood, have heightened demand for these medical interventions. Alongside, the declining numbers of babies available for adoption pose additional challenges for childless couples, driving interest in genetic engineering and surrogacy. Notably, since 1960 about one million couples in the United States have pursued AID or AIH treatments. In contrast, New Zealand has seen only 159 cases. Although IVF started in 1977, local instances remain low, with only two reported. Surrogacy cases have not been officially recorded. The article highlights the complexities that arise with these reproductive technologies, including potential issues surrounding the identity and legal rights of parents, donors, and children. For instance, legal arrangements regarding inheritance and paternal rights need to be clearly defined, particularly when donors, surrogates, and commissioning parents are involved. Recommendations from international committees suggest that the legal father should be the husband when the treatment is consented to, while the legal mother would be the woman who gives birth. There are also significant legal and ethical challenges relating to anonymity of donors, the rights of offspring to know about their biological origins, the status of surplus embryos, and complications that could arise in the cases of death or rejections of surrogacy arrangements. Ultimately, the article posits that while the medical profession currently manages IVF and AID responsibly, the law must also step in to address the wider implications of these technologies. The convergence of legal, moral, and medical decisions reflects deeper societal values. As public debate continues, differing opinions emerge about the implications of technological advancements in human reproduction, balancing the hope for new possibilities against fears about where such interventions could lead. The future of these discussions remains uncertain, highlighting the complexities of "playing God" in reproduction.

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