Victorian Consolidated Legislation

Human Tissue Act 1982 - SECT 15

Removal of regenerative tissue from body of child

15. Removal of regenerative tissue from body of child



(1) A parent of a child may give his consent in writing to the removal from
the body of the child of specified regenerative tissue for the purpose of the
transplantation of the tissue to the body of a brother, a sister or a parent
of the child.

(2) A registered medical practitioner may certify in writing-

   (a)  that the consent in writing of a parent of a child was given in his
        presence; and

   (b)  that he explained to the parent before the consent was given the
        nature and effect of the removal from the body of that child of the
        tissue specified in the consent and the nature of the transplantation
        of that tissue-

and-

   (c)  that-

   (i)  he is satisfied that, at the time consent was given, the child was
        capable of understanding the nature and effect of the removal of the
        tissue and the nature of the transplantation;

   (ii) he explained those matters to the child;

   (iii) the child understood those matters; and

   (iv) the child was in agreement with the proposed removal and
        transplantation of tissue; or

   (d)  where the consent relates to the removal of specified regenerative
        tissue for the purpose of transplantation of the tissue to the body of
        a brother or sister of the child-that he is satisfied-

   (i)  that the brother or sister is likely to die unless the tissue is
        transplanted to the body of that brother or sister; and

   (ii) that, at the time the consent was given, the child, by reason of his
        age, was not capable of understanding the nature and effect of the
        removal of the tissue and the nature of the transplantation.