Victorian Consolidated Legislation

Infertility Treatment Act 1995 - SECT 53

Removal of embryos from storage

53. Removal of embryos from storage





(1) A person must not remove an embryo from storage or cause or permit an
embryo to be so removed unless-

   (a)  it is to be used, in accordance with this Act, in a treatment
        procedure; or

   (b)  it is to be used, in accordance with this Act, for approved research;
        or

   (c)  one or both of the persons who produced the gametes from which the
        embryo is formed, die; or

   (d)  consent to its removal has been given to the designated officer in
        writing by both of the persons who produced the gametes from which the
        embryo is formed and if either of those persons is, at the time of
        giving of the consent, married or living in a de facto relationship,
        the consent of that person's spouse for the removal must also be given
        to the designated officer in writing; or

   (e)  it is required to be removed by reason of the operation of section
        52(4) or Part 14.

Penalty: 480 penalty units or 4 years imprisonment or both.

(2) A person who removes from storage an embryo which is not to be used for a
treatment procedure or approved research must ensure that-

   (a)  it is not removed from its container (except for the sole purpose of
        observing the embryo); and

   (b)  it is disposed of in accordance with the regulations.

Penalty: 240 penalty units or 2 years imprisonment or both.