Victorian Current Acts

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ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 10

Persons who may undergo treatment procedures

    (1)     A woman may undergo a treatment procedure only if—

        (a)     the woman and her partner, if any, have consented, in the prescribed form, to the carrying out of a procedure of that kind; and

        (b)     either—

              (i)     the criteria in subsection (2) apply to the woman; or

              (ii)     the Patient Review Panel has decided there is no barrier to the woman undergoing a treatment procedure of that kind.

    (2)     For subsection (1)(b)(i), the criteria applicable to a woman are—    

        (a)     a doctor is satisfied, on reasonable grounds, that—

              (i)     in the woman's circumstances, the woman is unlikely to become pregnant other than by a treatment procedure; or

              (ii)     the woman is unlikely to be able to carry a pregnancy or give birth to a child without a treatment procedure; or

              (iii)     the woman is at risk of transmitting a genetic abnormality or genetic disease to a child born as a result of a pregnancy conceived other than by a treatment procedure, including a genetic abnormality or genetic disease for which the woman's partner is the carrier; and

        (b)     a presumption against treatment does not apply to the woman.

    (3)     A doctor may be satisfied under subsection (2)(a)(iii) that the woman is at risk of transmitting a genetic abnormality or genetic disease only if—

        (a)     the doctor has obtained advice to that effect from another doctor or a geneticist; and

        (b)     if the advice is from another doctor, the other doctor has specialist qualifications in human genetics.



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