Victorian Consolidated Legislation

Infertility Treatment Act 1995 - SECT 21B

Meaning of excess ART embryo

21B. Meaning of excess ART embryo



(1) In this Part-

excess ART embryo means a human embryo that-

   (a)  was created, by assisted reproductive technology, for use in the
        assisted reproductive technology treatment of a woman; and

   (b)  is excess to the needs of-

   (i)  the woman for whom it was created; and

   (ii) her spouse (if any) at the time the embryo was created.

(2) For the purposes of paragraph (b) of the definition of excess ART embryo,
a human embryo is excess to the needs of the persons mentioned in that
paragraph at a particular time if-

   (a)  each such person has given written authority for use of the embryo for
        a purpose other than a purpose relating to the assisted reproductive
        technology treatment of the woman concerned, and the authority is in
        force at that time; or

   (b)  each such person has determined in writing that the embryo is excess
        to their needs, and the determination is in force at that time.

Division 2-Offences