Hong Kong Regulations

HUMAN REPRODUCTIVE TECHNOLOGY (LICENSING) REGULATION - SECT 13

Specific conditions of treatment licence

For the purposes of section 10(4)(b), the following are the specific
conditions specified in relation to every treatment licence—

   (a)  any reproductive technology procedure specified in the licence may be
        provided only to persons who are the parties to a marriage, except
        where the procedure is—

        (i)    provided to a surrogate mother pursuant to a surrogacy
               arrangement;

        (ii)   continued to be provided to persons who were the parties to a
               marriage when gametes were, or an embryo was, placed in the
               body of a woman pursuant to the procedure; or

        (iii)  for obtaining gametes;

   (b)  a reproductive technology procedure shall not be provided to a person
        unless account has been taken of the welfare of any child who may be
        born in consequence of the procedure;

   (c)  if any surrogacy arrangement is authorized by the licence—

        (i)    a reproductive technology procedure may be provided pursuant to
               such arrangement only if— (A) the gametes used in the
               procedure are those of the parties to a marriage; and (B) the
               wife in that marriage is unable to carry a pregnancy to term
               and no other treatment option is practicable for her; and

        (ii)   the arrangement shall be reported to the Council within 3
               months after the completion of the procedure for each treatment
               cycle;

   (d)  if sex selection is authorized by the licence—

        (i)    it may be conducted only for the purpose of avoiding a
               sex-linked genetic disease specified in Schedule 2 to the
               Ordinance which may prejudice the health of the embryo; and

        (ii)   each case of sex selection achieved through a reproductive
               technology procedure shall be reported to the Council within 3
               months after the procedure has taken place;

   (e)  prior approval of the Council shall be obtained for carrying on any
        reproductive technology procedure involving tissue typing in
        conjunction with preimplantation genetic diagnosis in the licensed
        premises;

   (f)  close liaison with—

        (i)    any donor of gametes or embryos stored in the licensed
               premises;

        (ii)   any recipient of the donated gametes or embryos and her
               husband;

        (iii)  if other gametes or embryos of the donor are stored in the
               licensed premises under another licence, a person to whom that
               licence applies; and

        (iv)   if other gametes or embryos of the donor are donated in any
               other premises, the person in charge of those premises, shall
               be established for the purpose of ensuring that no more than 3
               live birth events are brought about by the gametes or embryos
               donated by any single donor;

   (g)  a system shall be established and maintained so as to ensure that
        proper practices and procedures are adopted and followed in the
        licensed premises;

   (h)  proper practices and procedures shall be adopted to identify and
        record—

   (i)  the identity of each individual who undergoes a reproductive
        technology procedure in the licensed premises;

        (ii)   any sperm and egg used in each reproductive technology
               procedure;

        (iii)  any embryo used in each case and the patient undergoing the
               reproductive technology procedure at the time of embryo
               transfer; and

        (iv)   any gamete or embryo involved at the time of cryopreservation
               and thawing; and

        (i)    a Patients Register and a Children Register shall be properly
               kept and maintained in, or readily accessible from, the
               licensed premises.