Victorian Consolidated Legislation

Infertility Treatment Act 1995 - SECT 13

Consent of spouse of donor

13. Consent of spouse of donor



(1) If a donor who gives a consent under section 12 is, at the time consent is
given, married or living in a de facto relationship, the oocyte, sperm or
embryo in respect of which consent has been given must not be used unless the
spouse of the donor also consented to the kind of treatment procedure to be
carried out.





(2) If-

   (a)  the spouse of a donor has consented under subsection (1); and

   (b)  the donor and that spouse cease to live together as husband and wife
        on a genuine domestic basis after the spouse has given that consent;
        and

   (c)  a procedure which has been consented to is to be carried out after the
        donor and that spouse have ceased to live together as husband and wife
        on a genuine domestic basis-

this Act applies to that procedure as if the donor was not, at the time the
donor gave consent, married or living in a de facto relationship.

(3) Despite subsection (1), the consent of the spouse of a donor is not
required where the donor and that spouse are no longer living together as
husband and wife on a genuine domestic basis.



(4) This section does not apply if the embryo is formed from gametes of a
woman and a man who are married to each other or are living together in a de
facto relationship (as the case requires) and who have both consented under
section 12.