Victorian Consolidated Legislation

Infertility Treatment Act 1995 - SECT 12

Donation of gametes or embryos

12. Donation of gametes or embryos



(1) Sperm is not to be used in a treatment procedure to be carried out on a
woman who is not the wife of the man who produced the sperm, unless, before
the sperm is used, that man consented to the use of the sperm in the kind of
procedure proposed.

(2) An oocyte produced by a woman must not be used in a treatment procedure to
be carried out on another woman unless, before the oocyte is used, the woman
who produced the oocyte consented to the use of the oocyte in the kind of
procedure proposed.

(3) An embryo must not be used in a treatment procedure to be carried out on a
woman, if the sperm used to form the embryo is not the sperm of the husband of
that woman, unless-

   (a)  before the embryo is formed, the man who produced the sperm consented
        to the use of the sperm to form an embryo to be used in the kind of
        procedure proposed; or

   (b)  the sperm has already been used to form an embryo outside the body of
        a woman to be transferred to the wife of the man who produced the
        sperm or to another woman and-

   (i)  the embryo is not required to be transferred to the body of that
        woman; and

   (ii) that man has consented to the use of the embryo in the kind of
        procedure proposed.

(4) An embryo must not be used in a treatment procedure to be carried out on a
woman if another woman produced the oocyte used to form the embryo, unless-

   (a)  before the embryo is formed, the woman who produced the oocyte
        consented to the use of the oocyte to form an embryo to be used in the
        kind of procedure proposed; or

   (b)  the oocyte has already been used to form an embryo outside the body of
        a woman to be transferred to the woman who produced the oocyte or to
        another woman and-

   (i)  the embryo is not required to be transferred to the body of that
        woman; and

   (ii) the woman who produced the oocyte has consented to the use of the
        embryo in the kind of procedure proposed.

(5) An embryo must not be used in a treatment procedure to be carried out on a
woman if the embryo has been formed from sperm produced by a man who is not
the woman's husband and an oocyte produced by another woman unless the
requirements of subsections (3) and (4) are met.