Page:Human Reproductive Technology Ordinance (Cap. 561).pdf/7

(ii) made with a view to any child carried pursuant to the arrangement being handed over to, and the parental rights being exercised (so far as practicable) by, another person or persons; and

(b) conceived by a reproductive technology procedure.

(2) The Secretary for Health and Welfare may, by notice in the Gazette, specify a procedure—

(a) to be—

(i) embryo research; or

(ii) a reproductive technology procedure;

(b) not to be—

(i) embryo research; or

(ii) a reproductive technology procedure,

subject to such terms and conditions, if any, as are specified in the notice.

(3) It is hereby declared that a notice under subsection (2) is subsidiary legislation.

(4) For the purposes of this Ordinance—

(a) in determining whether an arrangement is made with such a view as is referred to in paragraph (a)(ii) of the definition of “surrogate mother” regard may be had to the circumstances as a whole (and, in particular, where there is a promise or understanding that any payment will or may be made to the woman or for her benefit in respect of the carrying of any child pursuant to the arrangement, to that promise or understanding);

(b) an arrangement may be regarded as made with such a view though subject to conditions relating to the handing over of any child;

(c) a woman who carries a child is to be treated for the purposes of paragraph (a)(i) of that definition as beginning to carry it at the time of the placing in her of an embryo, of an egg in the process of fertilization or of sperm and eggs, as the case may be, that results in her carrying the child.

(5) This Ordinance, so far as it governs bringing about the creation of an embryo, applies only to bringing about the creation of an embryo outside the human body, and in this Ordinance—

(a) references to embryos the creation of which was brought about in vitro (in their application to those where fertilization is complete) are to those where fertilization began outside the human body whether or not it was completed there; and

(b) references to embryos taken from a woman do not include embryos whose creation was brought about in vitro.

(6) This Ordinance, so far as it governs the keeping or use of an embryo, applies only to keeping or using an embryo outside the human body.