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Cloning Rules

Cloning update
Please refer to the timeline below regarding registration of clones. Until a decision is rendered by the Fifth Circuit Court of Appeals, the Motion for Stay of Equitable Relief Pending Appeal is still in effect and AQHA is not required to register clones or their offspring (see timeline below).
 
SEPTEMBER 4, 2014: U.S. Fifth Circuit Court of Appeals hears oral arguments regarding the cloning lawsuit. AQHA is awaiting a decision from that court.
MARCH 24, 2014: AQHA filed its Reply Brief to Plaintiffs’ Brief in the cloning lawsuit with the U.S. Fifth Circuit Court of Appeals. Click here for a link to the Reply Brief.
MARCH 3, 2014: On February 27, 2014, Appellees (Plaintiffs) filed their response brief. AQHA's current deadline to reply is March 24.
JANUARY 10, 2014: On January 2, 2014, several groups filed an Amici Curiae Brief asking the Fifth Circuit to reverse the district court’s judgment and render a verdict in favor of AQHA. Read the news release, including the list of breed organizations supporting AQHA's effort to have the final judgement reversed.
JANUARY 3, 2014: On December 26, 2013, AQHA filed its appellate brief in the cloning lawsuit. Read the news release.
DECEMBER 3, 2013: The U.S. District Court in Amarillo granted in part AQHA's Motion for Stay of Equitable Relief Pending Appeal. The effect of the order is that pending resolution of AQHA’s appeal, AQHA is not required to register clones or their offspring. Read the news release.
 
For the complete timeline and lawsuit background please click here.

As previously announced, on August 22, 2013, the judge in the cloning lawsuit issued a final judgment ordering AQHA to immediately begin registering clones and their offspring per court mandated rules.  On September 23, 2013, AQHA filed its Notice of Appeal which will begin the appellate process as the case heads to the U.S. Court of Appeals for the Fifth Circuit in New Orleans.

The court mandated rules require significant computer programming with respect to AQHA’s registration processes and databases.  AQHA, in the normal course of business, will develop such programming.  One such area of programming is associated with creating an automated process—as opposed to manual process—to identify clones and their descendants within AQHA’s computer system and databases.  Such identification is consistent with the court’s final judgment. Until such programming is completed, clones and their descendants registered with AQHA will be assigned a temporary registration number.

Specifically, if all registration requirements are met to register a clone or a descendent of a clone, AQHA will issue documentation to the applicant assigning a temporary registration number to such horse. Such registration number confirms registration of the horse with AQHA and may be used for all AQHA purposes including registration and competition purposes.  Once the programming referenced above is complete, AQHA will issue a certificate of registration.

In addition to appealing the court’s final judgment which mandates that AQHA register clones and their offspring, AQHA will seek a stay of the enforcement of such judgment pending the outcome of the appellate process. If a stay is granted, registration numbers assigned to clones and descendants of clones will be disabled pending the outcome of the appellate process.  If AQHA prevails on appeal, registration numbers assigned to clones and the descendants of clones will be retracted.

Consistent with the court’s order, in the event that existing AQHA rules and regulations conflict with the court’s mandated rules allowing registration of clones and their offspring, AQHA may in the regular course of its business adopt or amend such additional rules and regulations as shall be necessary to harmonize the rules imposed by the court with other AQHA rules and regulations so long as the amendment remains consistent with the requirement that clones and clones’ offspring be registered without discrimination (except that such animals may be identified as clones or clones’ offspring).

The court mandated rules require new registration forms which include the following:

  1. Application for SCNT (Somatic Cell Nuclear Transfer) Permit for Cloned Horse
  2. SCNT Permit
  3. SCNT Verification Certificate
  4. Application for Registration of Horse Produced by SCNT

Registration packets and explanatory letters are being sent to applicants that have contacted AQHA seeking to register their clones and/or their offspring. Required registration documents for clones and their offspring should be sent to the La Donna Wilkinson’s attention at AQHA.

See summary of requirements mandated by court rules to register a cloned horse produced through SCNT