Victorian Current Acts

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ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 56N

Authority to be satisfied of relationship before disclosing information

    (1)     The Authority must not disclose information (whether identifying or non-identifying) under this Part about a person whose name is entered on the Central Register as a donor to a person born as a result of a donor treatment procedure or a parent or descendant of a person born as a result of a donor treatment procedure unless satisfied under subsection (4) that the person whose name is entered on the Central Register and the person born as a result of a donor treatment procedure are related.

    (2)     The Authority must not disclose information (whether identifying or non-identifying) under this Part about a person born as a result of a donor treatment procedure to a person whose name is entered on the Central Register as a donor unless satisfied under subsection (4) that the person whose name is entered on the Central Register and the person born as a result of a donor treatment procedure are related.

    (3)     The Authority must not disclose information about a donor sibling under section 60A to a person born as a result of a donor treatment procedure or a parent of that person unless satisfied under subsection (4) that—

        (a)     the person whose name is entered on the Central Register as a donor and the person born as a result of donor treatment are related; and

        (b)     the donor sibling

              (i)     is a person born as a result of a donor treatment procedure; and

              (ii)     is related to the person whose name is entered on the Central Register referred to in paragraph (a).

    (4)     The Authority may be satisfied that a person whose name is entered on the Central Register as a donor and a person born as a result of a donor treatment procedure are related if—

        (a)     a unique donor identifier recorded in the Central Register links the person whose name is entered on the Central Register and the person born as a result of a donor treatment procedure; or

        (b)     a comparison of genetic testing results provided to the Authority establishes that the person whose name is entered on the Central Register and the person born as a result of a donor treatment procedure are genetically related; or

        (c)     the Authority, having regard to all available information and any guidelines issued under section 100A, reasonably believes that—

              (i)     the person whose name is entered on the Central Register and the person born as a result of a donor treatment procedure are genetically related; and

              (ii)     there is no reasonable likelihood that any other person may be the donor of the person born as a result of a donor treatment procedure.

    (5)     In this section—

"unique donor identifier" means a unique identifier used by a registered ART provider or a doctor carrying out artificial insemination other than on behalf of a registered ART provider for the purposes of identifying an individual donor.



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