ASSISTED REPRODUCTIVE TECHNOLOGY ACT 2007 - SECT 23 Use of gametes or embryos after death of gamete provider

ASSISTED REPRODUCTIVE TECHNOLOGY ACT 2007 - SECT 23

23 Use of gametes or embryos after death of gamete provider

An ART provider must not provide ART treatment to a woman using a gamete if the ART provider knows or believes on reasonable grounds that the gamete provider is deceased, unless:

(a) the gamete provider has consented to the use of the gamete after his or her death, and

(b) the woman receiving the ART treatment has been notified of the death or suspected death of the gamete provider and the date of death (if known), and

(c) the woman receiving the ART treatment has given written consent to the provision of the ART treatment using the gamete despite the death or suspected death of the gamete provider.

Maximum penalty: 400 penalty units in the case of a corporation or 200 penalty units in any other case.

Note : The Human Tissue Act 1983 regulates the removal of tissue (including gametes) from a deceased person.