Victorian Consolidated Legislation

Infertility Treatment Act 1995 - SECT 38OA

Offence-creating a human embryo other than by fertilisation, or developing such an embryo

38OA. Offence-creating a human embryo other than by fertilisation, or
developing such an embryo



(1) A person commits an offence if-

   (a)  the person intentionally creates a human embryo by a process other
        than the fertilisation of a human egg by a human sperm, or develops a
        human embryo so created; and

   (b)  the creation or development of the human embryo by the person is not
        authorised by a licence.





(2) An offence against subsection (1) is an indictable offence punishable by
imprisonment for a term not exceeding 10 years.

Notes 1. The development of a human embryo outside the body of a woman for
more than 14 days is prohibited by section 38H. 2. The placement in the human
body of a human embryo clone, or any other human embryo created other than by
the fertilisation of a human egg by a human sperm, is prohibited by sections
38B and 38N.