A registered ART provider may use a person's gametes, or an embryo created from the person's gametes, in a treatment procedure after the person's death only if—
(a) the treatment procedure is carried out—
(i) on the deceased person's partner; or
S. 46(a)(ii) substituted by No. 39/2021 s. 30.
(ii) by the deceased person's partner commissioning a surrogacy arrangement in accordance with Part 4; and
(b) the deceased person provided written consent for the deceased person's gametes or an embryo created from the deceased person's gametes to be used in a treatment procedure of that kind; and
(c) the Patient Review Panel has approved the use of the gametes or embryo; and
(d) the person who is to undergo the treatment procedure has received counselling under section 48.