Victorian Consolidated Legislation

Infertility Treatment Act 1995 - SECT 30

Objection by later spouse

30. Objection by later spouse



(1) If, after a donor has given consent under section 27, he or she marries or
commences living in a de facto relationship, the oocyte, sperm or embryo in
respect of which consent has been given must not be used in the research if
that spouse objects to the use of the oocyte, sperm or embryo.





(2) An objection-

   (a)  must be in writing; and

   (b)  must be lodged-

   (i)  at the place where the consent of the donor was lodged; or

   (ii) at the place where the sperm, oocyte or embryo to which the consent
        relates is kept or stored or where it is to be used; or

   (iii) in accordance with the regulations.

(3) An objection may be withdrawn at any time.

(4) The withdrawal of an objection-

   (a)  must be in writing; and

   (b)  must be lodged-

   (i)  at the place where the objection was lodged; or

   (ii) at the place where the sperm, oocyte or embryo to which the consent
        relates is kept or stored or where it is to be used; or

   (iii) in accordance with the regulations.

(5) An objection by a spouse of a donor lapses if the person who made it
ceases to be married to the donor or ceases to live in a de facto relationship
with the donor (as the case requires).