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ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 63I

Contact preferences for persons born as a result of a donor treatment procedure—application for disclosure

    (1)     If an application is made under section 56(1) for the disclosure of identifying information about a person born as a result of a donor treatment procedure, the person or, if the person is a child, a parent or guardian of the person, may lodge with the Authority a written statement setting out the person's wishes about being contacted by the applicant for the disclosure of the information.

    (2)     If the person born as a result of the donor treatment procedure is a child, the Authority may—

        (a)     have regard to the child's wishes in relation to the lodgement of the contact preference; and

        (b)     if the child's wishes in relation to the lodgement are different from the wishes of the child's parent or guardian, comply with the wishes of the parent or guardian only if the Authority considers it reasonable in the circumstances.

    (3)     Subject to subsection (4), a contact preference lodged under subsection (1) must be lodged with the Authority before the first day on which there is contact between the person born as a result of a donor treatment procedure and the applicant to whom the contact preference relates.

    (4)     A person born as a result of a donor treatment procedure who was a child at the time the application under section 56 was made may lodge a contact preference under subsection (1) in relation to the applicant if any contact between the person and the applicant occurred—

        (a)     before the day on which the person turned 18 years of age; or

        (b)     within 6 months after the day on which the person turned 18 years of age, and the contact was in accordance with the wishes set out in a contact preference lodged by the person's parent or guardian under subsection (1).

    (5)     The Authority must notify a person born as a result of a donor treatment procedure that the person may lodge a contact preference as soon as practicable after the person turns 18 years of age.

    (6)     The Authority must give the applicant a copy of a contact preference under subsection (1) as soon as practicable after it is lodged with the Authority.

    (7)     The Authority must maintain records of contact preferences lodged under this section.

S. 63J inserted by No. 6/2016 s. 23.



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