Victorian Current Acts

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ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 16

Donation of gametes or an embryo

    (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.



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