Victorian Consolidated Legislation

Infertility Treatment Act 1995 - SECT 14

Requirements as to consent

14. Requirements as to consent



(1) A consent under section 12 or 13-

   (a)  must be in writing; and

   (b)  must specify that the donor and, if the case so requires, the donor's
        spouse, have consented to the use of the oocyte, sperm or embryo, as
        the case so requires, in a treatment procedure of a particular kind on
        a woman other than the donor or the wife of the donor; and

   (c)  must not have been withdrawn or have lapsed when the procedure takes
        place.

(2) A consent under section 12 or 13 may specify that the gamete or embryo may
only be used in a treatment procedure to be carried out on a specified woman.

(3) A person giving consent to the use of sperm or an oocyte produced by that
person or the spouse of that person must lodge the consent or cause the
consent to be lodged-

   (a)  if the donation is made-

   (i)  at a licensed centre, with the designated officer of the licensed
        centre; or

   (ii) at a place other than a licensed centre, with a doctor approved under
        Part 8 to carry out donor insemination and who carries out donor
        insemination at that place; or

   (b)  where the sperm or oocyte is kept or stored; or

   (c)  in accordance with the regulations.

(4) A person giving consent to the use of an embryo formed from sperm or an
oocyte produced by that person or the spouse of that person must lodge the
consent or cause the consent to be lodged with the designated officer of the
licensed centre where the embryo is kept or stored.