Victorian Consolidated Legislation

Infertility Treatment Act 1995 - SECT 19

Requirements as to consent to use of gamete etc. from identified donor

19. Requirements as to consent to use of gamete etc. from identified donor



(1) A consent under section 18(1)(b)-

   (a)  must be in writing; and

   (b)  must specify that the donor and the spouse of the donor (if any) have
        consented to the use of the sperm, oocyte or embryo (as the case may
        be); and

   (c)  must acknowledge that the person is aware that the donor has been
        identified; and

   (d)  must not have been withdrawn or have lapsed when the procedure takes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

(2) A person giving consent under section 18(1)(b), where the consent relates
to the use of gametes in the treatment procedure, must lodge the consent or
cause the consent to be lodged-







   (a)  if the consent is given-

   (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; or

   (b)  where the gametes are kept or stored; or

   (c)  in accordance with the regulations.

(3) A person giving consent under section 18(1)(b), if the consent relates to
the use of an embryo in the treatment procedure, 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.

(4) In this section, spouse, in relation to a donor, means a person who was,
at the time the donor gave consent under section 18(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.

Division 4-Requirements for donor treatment procedures