Victorian Current Acts

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ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 46

Requirements for posthumous use of gametes or an embryo in treatment provided by a registered ART provider

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

              (ii)     in the case of a deceased woman, by the woman's male 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.



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