ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 29 Ban on using donated gametes to produce more than 10 families

ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 29

    (1)     A person must not carry out a treatment procedure using gametes, or an embryo formed from gametes, produced by a donor if the person knows the treatment procedure may result in more than 10 women having children who are genetic siblings, including the donor and any current or former partner of the donor.

Penalty:     240 penalty units or 2 years imprisonment or both.

    (2)     If more than 10 women have children who are genetic siblings, subsection (1) does not prevent a person carrying out a treatment procedure on any of the women using gametes, or an embryo formed from gametes, produced by the donor to produce a child that will be a genetic sibling of the women's children.

S. 29(3) inserted by No. 39/2021 s. 19.

    (3)     A person does not commit an offence against subsection (1) if—

        (a)     the person carries out a treatment procedure using gametes, or an embryo formed from gametes, produced by a donor; and

        (b)     the person knows the treatment procedure may result in more than 10 women having children who are genetic siblings; and

        (c)     the treatment procedure is carried out—

              (i)     on a woman who has a female partner or whose female partner is deceased to produce a child who will be a genetic sibling of the children of that woman and her partner or that woman and the deceased (as the case requires); or

              (ii)     on a woman under a surrogacy arrangement to produce a child who will be a genetic sibling of the children of—

S. 29(3) (c)(ii)(A) amended by No. 39/2021 s. 40.

    (A)     both intended parents; or

S. 29(3) (c)(ii)(B) amended by No. 39/2021 s. 40.

    (B)     the intended parent, if the other children of the intended parent were born as a result of a surrogacy arrangement commissioned only by that intended parent; or

S. 29(3) (c)(ii)(C) amended by No. 39/2021 s. 40.

    (C)     in the case of posthumous use, the intended parent and the deceased.