Victorian Consolidated Legislation

Infertility Treatment Act 1995 - SECT 15

Objection by later spouse

15. Objection by later spouse



(1) If-





   (a)  after the donor has given consent under section 12 in respect of an
        oocyte, sperm or embryo, the donor marries or commences living in a de
        facto relationship; and



   (b)  the spouse of the donor objects to the use of the oocyte, sperm or
        embryo in any treatment procedure, or a treatment procedure of a
        particular kind or in a particular case-

the oocyte, sperm or embryo must not be used in any treatment procedure, or in
a treatment procedure of the particular kind or in a particular case, as the
case requires.

(2) An objection-

   (a)  must be in writing; and

   (b)  must be lodged-

   (i)  at the place where the consent of the donor was lodged; or

   (ii) at the place where the sperm, oocyte or embryo to which the consent
        relates is kept or stored or where it is to be used; or

   (iii) in accordance with the regulations.

(3) An objection may be withdrawn at any time.





(4) The withdrawal of an objection-

   (a)  must be in writing; and

   (b)  must be lodged-

   (i)  at the place where the objection was lodged; or

   (ii) at the place where the sperm, oocyte or embryo to which the consent
        relates is kept or stored or where it is to be used; or

   (iii) in accordance with the regulations.

(5) An objection by a spouse of a donor (whether married or living together in
a de facto relationship) lapses if the donor and that spouse are no longer
living together as husband and wife on a genuine domestic basis.