Commonwealth Consolidated Acts

RESEARCH INVOLVING HUMAN EMBRYOS ACT 2002 - SECT 9

             (1)  In this Part:

"excess ART embryo" means a human embryo that:

                     (a)  was created, by assisted reproductive technology, for use in the assisted reproductive technology treatment of a woman; and

                     (b)  is excess to the needs of:

                              (i)  the woman for whom it was created; and

                             (ii)  her spouse (if any) at the time the embryo was created.

             (2)  For the purposes of paragraph (b) of the definition of excess ART embryo , a human embryo is excess to the needs of the persons mentioned in that paragraph at a particular time if:

                     (a)  each such person has given written authority for use of the embryo for a purpose other than a purpose relating to the assisted reproductive technology treatment of the woman concerned, and the authority is in force at that time; or

                     (b)  each such person has determined in writing that the embryo is excess to their needs, and the determination is in force at that time.