Victorian Consolidated Legislation

Infertility Treatment Act 1995 - SECT 38F

Offence-creating a human embryo for a purpose other than achieving pregnancy in a woman

38F. Offence-creating a human embryo for a purpose other than achieving
pregnancy in a woman





(1) A person commits an offence if the person intentionally creates a human
embryo by a process of the fertilisation of a human egg by a human sperm
outside the body of a woman, unless the person's intention in creating the
embryo is to attempt to achieve pregnancy in a particular woman.

(2) An offence against subsection (1) is an indictable offence punishable by
imprisonment for a term not exceeding 15 years.

(3) Despite section 130(1) of the Magistrates' Court Act 1989, a defendant
does not bear a burden of presenting or pointing to evidence in accordance
with that section in relation to any matter in subsection (1) of this section.