The legal framework
The Human Assisted Reproductive Technology Act 2004 sets the framework. Established procedures may be performed without case-by-case approval; anything else requires approval from the Ethics Committee on Assisted Reproductive Technology, advised by the Advisory Committee on Assisted Reproductive Technology. Donation is identifiable: donor details are held on a register by the Registrar-General, and a donor-conceived person may obtain them at 18, or earlier with consent. Public funding is allocated through the Clinical Priority Assessment Criteria, a points score that must reach a threshold.
The CPAC points system is the distinctive New Zealand feature and it surprises patients. Points reflect the cause of infertility, duration, age, BMI and smoking status; below the threshold there is no public treatment at all, not merely a longer wait.
Identifiable donation has been the rule since the HART Act, and New Zealand's experience is reassuring for countries debating it: donor numbers fell initially and then recovered, with a different profile of donor — older, more often with children of their own.
Surrogacy exposes the age of the surrounding law. An arrangement approved by ECART still requires the intended parents to adopt their own child under the Adoption Act 1955, with the surrogate as the legal mother at birth. Reform has been recommended repeatedly.
Same-sex couples: access is open and both mothers are recognised under the Status of Children Act. Surrogacy must be altruistic and requires an adoption to transfer parentage.
Key points
| Statute | Human Assisted Reproductive Technology Act 2004 |
|---|---|
| Committees | ECART for approvals, ACART for advice |
| Donation | Identifiable; register held by the Registrar-General |
| Public funding | Two cycles, allocated by the CPAC points score |
| Access | Couples of any sex and single women |
| Surrogacy | Altruistic only, with ECART approval and adoption to transfer parentage |
In practice
- Get a GP referral to a fertility clinic and have the initial work-up done.
- Ask the clinic to calculate your CPAC score, which determines eligibility for public funding.
- If funded, join the waiting list; if not, consider a private cycle or wait and reassess.
- For donor treatment, complete the counselling required by law and register the donor's details.
- For surrogacy, expect an ECART application and, currently, an adoption to establish parentage.
Cost and coverage
A private cycle costs NZD 13,000 to 16,000 including drugs. Publicly funded patients receive up to two cycles at no cost once they meet the CPAC threshold. Egg freezing costs NZD 8,000 to 12,000 plus annual storage.
Recent changes
Law reform on surrogacy has been under consideration for several years, the current requirement to use adoption under the 1955 Act being widely regarded as unfit for purpose.
Where to go
- Fertility Associates, Fertility Plus and other clinics contracted to provide public treatment
- Ethics Committee on Assisted Reproductive Technology, for approvals
- Registrar-General, for the HART register of donors
- Te Whatu Ora Health New Zealand, for funding criteria
- Fertility New Zealand, for patient support
Worth knowing
The CPAC threshold means some patients are never eligible for public funding regardless of how long they wait: ask for your score early rather than assuming you are on a list.
Frequently asked questions
How is public funding decided in New Zealand?
By the Clinical Priority Assessment Criteria, a points score. Meeting the threshold gives access to up to two funded cycles.
Are donors anonymous?
No. Donor details are recorded on a register and a donor-conceived person can obtain them at 18, or earlier with consent.
What does a private cycle cost?
NZD 13,000 to 16,000 including drugs.
Can single women access treatment?
Yes, as can couples of any sex.
How does surrogacy work?
Altruistic only, with ECART approval; parentage is currently transferred by adoption under the Adoption Act 1955.
Official sources and links
- govt.nz — official government information
- New Zealand Legislation — acts and regulations