New South Wales Consolidated Acts

ASSISTED REPRODUCTIVE TECHNOLOGY ACT 2007 - SECT 29

29 Provision of ART treatment to a child

(1) An ART provider must not:

(a) provide ART treatment to a child, or

(b) obtain a gamete from a child for use in ART treatment or for research in connection with ART treatment.

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

(2) An ART provider does not contravene this section if:

(a) a registered medical practitioner has certified that there is a reasonable risk of the child becoming infertile before becoming an adult, and

(b) the ART provider obtains a gamete from the child for the purpose of storing the gamete for the child’s future benefit.

(3) Despite section 25, a gamete obtained from a child, by an ART provider under subsection (2), must be stored by the ART provider until such time as the child becomes an adult and is able to provide his or her consent in relation to the gamete.

Note: Nothing in this section affects any other legal obligation a registered medical practitioner may have in relation to the medical treatment of a child.