Victorian Consolidated Legislation

Infertility Treatment Act 1995 - SECT 28

Consent of spouse of donor

28. Consent of spouse of donor



(1) If a donor who gives a consent under section 27 is, at the time consent is
given, married or living in a de facto relationship, the research must not be
carried out unless the spouse of the donor also consented to the use of the
gamete or embryo (as the case requires) in the particular procedure to be
carried out.

(2) If-

   (a)  the spouse of a donor has consented under subsection (1); and

   (b)  the donor and that spouse divorce after the spouse has given that
        consent; and

   (c)  a procedure which has been consented to is to be carried out after
        that divorce-

this Act applies to that procedure as if the donor was not, at the time the
donor gave consent, married or living in a de facto relationship.

(3) For the purposes of subsection (2) a donor and spouse divorce-

   (a)  when a decree of dissolution of the marriage becomes absolute under
        the Family Law Act 1975 of the Commonwealth; or

   (b)  on the granting of a decree of nullity in respect of the marriage by
        the Family Court of Australia; or

   (c)  on the dissolution or annulment of the marriage in accordance with the
        law of a place outside Australia, but only if that dissolution or
        annulment is recognised in Australia under the Family Law Act 1975 of
        the Commonwealth; or



   (d)  in the case of a de facto relationship, when the donor and spouse
        cease to live together as husband and wife on a genuine domestic
        basis.