HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 22
HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 22
22 . Consents, generally
(1) For the purposes
of the licence condition referred to in section 33(2)(e) —
(a) the
gametes of a person shall not be used, or for such a use be received by a
licensee or participant, unless —
(i)
there is an effective consent, by that person, to the
gametes being so used; and
(ii)
the gametes are used in accordance with that consent;
(b) the
gametes of a person shall not be kept in storage unless —
(i)
there is an effective consent, by that person, to the
storage; and
(ii)
the gametes are stored in accordance with that consent;
(c) the
gametes of a person shall not be used in an in vitro fertilisation procedure
unless there is an effective consent, by that person, to any human egg
undergoing fertilisation or human embryo thereby derived being used for a
consequential purpose authorised by this Act;
(d)
where the development of an egg undergoing fertilisation or a human embryo was
brought about by an in vitro fertilisation procedure it shall not be kept in
storage unless —
(i)
there is an effective consent, by each person from whose
gametes the egg or embryo was derived, to the storage; and
(ii)
the egg or embryo is stored in accordance with that
consent;
(e)
where the development of a human egg undergoing fertilisation or a human
embryo was brought about by an in vitro fertilisation procedure, it shall not
be used for any purpose, or for such a purpose be received by a licensee or
participant, unless —
(i)
there is an effective consent, by each person from whose
gametes the egg or embryo was derived, to the use for that purpose; and
(ia) in
the case of a use outside the body of a woman, there is an effective consent
to the use for that purpose by the woman on whose behalf it is being developed
and her spouse or de facto partner, if any; and
(ib) in
the case of implantation in the body of a woman, there is an effective consent
to the implantation by the woman and her spouse or de facto partner, if any;
and
(ii)
the purpose is authorised by this Act; and
(iii)
that egg or embryo is used in accordance with that
consent,
and the Code may make
further provision in relation to such, or related, matters.
(2) Where a consent is
given in general terms to the use or storage of human gametes separately,
whether human eggs or human sperm, that consent shall be taken to relate to
the use or storage of any of those eggs or sperm, and also to any human egg
undergoing fertilisation or human embryo derived from the use of the human
gametes, for any purpose, save that —
(a) any
such consent may be given subject to specific conditions in its terms; and
(b)
notwithstanding subsection (4) or that a human egg undergoing fertilisation or
a human embryo, may have developed which is derived from the use of human
gametes the subject of any particular consent, in so far as it relates to any
human egg or human sperm that has not been used that consent may be varied or
withdrawn,
but where a human egg
in the process of fertilisation, or a human embryo, has been developed from
any human gametes the consent thereafter to be required is not a consent to
the use of those human gametes but a specific consent relating to that
particular egg undergoing fertilisation or embryo only.
(3) The terms of any
effective consent may from time to time be varied or the consent withdrawn,
unless subsection (4) applies, by notice given by the person who gave the
consent to the person keeping the human gametes, human eggs undergoing
fertilisation or human embryos to which the consent is relevant.
(4) The terms of any
effective consent to the use of any human gametes, a human egg undergoing
fertilisation or a human embryo can not be varied, and such a consent can not
be withdrawn, once the gametes have, or that egg or embryo has, been used.
(5) A consent to the
use of a human egg undergoing fertilisation or a human embryo must specify the
purposes for which the egg or embryo may be used and may specify conditions
subject to which the egg or embryo shall or shall not be used.
(6) A consent to the
keeping of any human gametes, a human egg undergoing fertilisation or a human
embryo must —
(a)
specify the maximum period of storage, if that is to be less than such limit
as may be prescribed or may be determined in accordance with section 24(1)(b);
and
(b) give
instructions as to what is, subject to this Act, to be done with the gametes,
the egg or the embryo if the person who gave the consent is unable by reason
of incapacity or otherwise to vary the terms of the consent or to withdraw it,
and may specify
conditions subject to which the gametes, or the egg or embryo, shall or shall
not remain in storage.
(7) Before a licensee
gives effect to a consent given for the purposes of this Act the licensee
shall ensure that each participant has been provided with a suitable
opportunity to receive —
(a)
proper counselling about the implications of the proposed procedures; and
(b) such
other relevant and suitable information as is proper or as may be specifically
required by the Code or directions,
including an
explanation of the effect of subsection (3) and subsection (4).
(8) For the purposes
of this Act a consent to the use or keeping of any human gametes, a human egg
undergoing fertilisation or a human embryo shall not be taken to be effective
unless —
(a) it
is given in writing; and
(b) any
condition to which it is subject is met; and
(c) it
has not been withdrawn; and
(d)
those gametes are, or that egg or embryo is, kept and used in accordance with
the consent.
(9) Where a consent
required by or under this Act is not given, or is not effective, or is not
complied with that matter may be a cause for disciplinary action or
proceedings for an offence but does not necessarily affect the rights of any
person.
[Section 22 amended: No. 17 of 2004 s. 16.]