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ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 32 Prohibition on storing embryos except in particular circumstances

ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 32

Prohibition on storing embryos except in particular circumstances

S. 32(1) amended by No. 18/2013 s. 5.

    (1)     A person must not cause or permit an embryo to be placed or remain in storage except as permitted by section 34A.

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

    (2)     Subsection (1) does not apply if—

        (a)     the person is a registered ART provider; and

        (b)     it is intended to transfer the embryo to the body of a woman in a treatment procedure in accordance with this Act; and

        (c)     the persons who have produced the gametes from which the embryo has been formed have consented to its storage for the purpose of later transfer.

    (3)     A consent under subsection (2)(c)—

        (a)     must be in writing; and

        (b)     must be given as soon as practicable after the consent has been given, to the registered ART provider storing the embryo.