ASSISTED REPRODUCTIVE TECHNOLOGY ACT 2007 - SECT 27 Donated gametes or embryos--maximum number of families

ASSISTED REPRODUCTIVE TECHNOLOGY ACT 2007 - SECT 27

27 Donated gametes or embryos--maximum number of families

(1) An ART provider must not provide ART treatment using a donated gamete if the treatment is likely to result in offspring of the donor being born, whether or not as a result of ART treatment, to more than 5 women (or such lesser number as may be specified in the donor's consent), including the donor and any current or former spouse of the donor.

Maximum penalty: 800 penalty units in the case of a corporation or 400 penalty units in any other case.

(1A) This section does not prevent the provision of ART treatment using a donated gamete to a woman if:

(a) the woman or the spouse of the woman is the parent of a child born as a result of ART treatment using a donated gamete from the same donor, or

(b) the woman belongs to a class of women prescribed by the regulations for the purposes of this section.

(2) It is a defence to a prosecution under this section if an ART provider establishes that the ART provider exercised due diligence to prevent the contravention.

(3) Due diligence is not established if the ART provider failed to take any of the following steps to prevent the contravention:

(a) searching records held by the ART provider,

(b) making reasonable inquiries of the donor,

(c) requesting information from any other ART provider that the first ART provider has reason to believe obtained or has been supplied with a gamete of the donor or an embryo created using a gamete of the donor.

(4) An ART provider must provide the following information in relation to a donor if requested to do so by a registered ART provider for the purposes of complying with this section:

(a) information in relation to the number of women who have given birth to offspring as a result of ART treatment, provided by the ART provider, using a gamete of the donor,

(a1) the number of women who are pregnant as a result of ART treatment provided by the ART provider using a gamete of the donor, but not including women referred to in paragraph (a),

(a2) the number of women for whom an embryo has been created as a result of ART treatment provided by the ART provider using a gamete of the donor and placed in storage, but not including women referred to in paragraph (a) or (a1),

(a3) the number of women of whom the ART provider is aware who have given birth to offspring of the donor other than as a result of ART treatment, but not including women referred to in paragraph (a), (a1) or (a2),

(b) the details of any other ART providers that have been supplied with a gamete of the donor, or an embryo created using a gamete of the donor,

(c) any other matter that is prescribed by the regulations.

Maximum penalty: 100 penalty units in the case of a corporation or 50 penalty units in any other case.

(5) The Secretary is to provide to an ART provider information referred to in subsection (4) that is on the central register if:

(a) the ART provider makes an application in an approved form for the information, or

(b) the Secretary is of the opinion that provision of the information to the ART provider may be necessary to prevent offspring of a donor being born to more than 5 women.

(6) Section 41 (Fees) applies to an application under subsection (5) in the same way as it applies to an application under Division 2 of Part 3.