Victorian Consolidated Legislation

Infertility Treatment Act 1995 - SECT 20

Circumstances in which donor procedure may be used

20. Circumstances in which donor procedure may be used



(1) A treatment procedure must not be carried out on a woman involving the use
of sperm produced by a man who is not the woman's husband or of an embryo
formed from an oocyte produced by that woman and sperm produced by a man who
is not her husband unless-

   (a)  the woman is unlikely to become pregnant from the sperm of her husband
        or from an embryo formed from his sperm; or

   (b)  if the woman became pregnant from the sperm of her husband or from an
        embryo formed from his sperm, a genetic abnormality or a disease might
        be transmitted to a person born as a result of that pregnancy.

(2) A treatment procedure must not be carried out on a woman involving the use
of an embryo formed from sperm of the woman's husband and an oocyte produced
by another woman or of an oocyte produced by another woman unless-

   (a)  the woman who is to undergo the procedure is unlikely to become
        pregnant from an oocyte produced by her or from an embryo formed from
        an oocyte produced by her; or

   (b)  if the woman who is to undergo the procedure became pregnant from an
        oocyte produced by her or from an embryo formed from an oocyte
        produced by her, a genetic abnormality or a disease might be
        transmitted to a person born as a result of that pregnancy.

(3) A treatment procedure must not be carried out on a woman involving the use
of both sperm produced by a man who is not the woman's husband and an oocyte
produced by another woman, or an embryo formed from sperm produced by a man
who is not the woman's husband and an oocyte produced by another woman unless-

   (a)  the woman who is to undergo the procedure is unlikely to become
        pregnant from both the sperm of her husband and an oocyte produced by
        her or from an embryo formed from such sperm and such an oocyte; or

   (b)  if the woman who is to undergo the procedure became pregnant from both
        the sperm of her husband and an oocyte produced by her or from an
        embryo formed from such sperm and such an oocyte, a genetic
        abnormality or a disease might be transmitted to a person born as a
        result of that pregnancy from the use of both the sperm and the
        oocyte.