(1) Gametes donated by a person may be used in a treatment procedure only if the person who donated the gametes has consented to the use of the gametes in a treatment procedure of that kind.
(2) An embryo may be used in a treatment procedure only if each of the persons who donated gametes used to create the embryo has consented to the use of the person's gametes for a treatment procedure of that kind.
S. 16(3) inserted by No. 39/2021 s. 9.
(3) To avoid doubt, a reference in subsection (2) to a person who donated gametes used to create the embryo includes a reference to a person who produced gametes used to create the embryo, unless the treatment procedure is to be carried out on—
(a) the person who produced the gametes or that person's partner; or
(b) a surrogate mother under a surrogacy arrangement, in relation to which the person who produced the gametes is an intended parent.