Victorian Consolidated Legislation

Infertility Treatment Act 1995 - SECT 18

Identified donors

18. Identified donors



(1) Sperm, an oocyte or an embryo from a named donor may only be used in a
treatment procedure if, before the procedure takes place-

   (a)  the woman who is to undergo the procedure and her husband have
        requested that it be used; and

   (b)  the donor and the spouse of the donor (if any) have consented to its
        use in the procedure, knowing that the donor has been identified; and

   (c)  the woman and her husband, the donor and the spouse of the donor (if
        any) have received counselling as to its use from a counsellor
        approved under Part 8 to give counselling about the use of sperm,
        oocytes or embryos from named donors.





(2) A request under subsection (1) must be-

   (a)  in writing; and

   (b)  made to the doctor who is to carry out the procedure, or, in the case
        of donor insemination, if the procedure is not to be carried out by a
        doctor, the doctor in charge of the woman's case.

(3) In this section, spouse, in relation to a donor, means a person who was,
at the time the donor gave consent under subsection (1)(b), married to the
donor and living together as husband and wife on a genuine domestic basis or
living in a de facto relationship with the donor.