HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 23
HUMAN REPRODUCTIVE TECHNOLOGY ACT 1991 - SECT 23
23 . When procedures may be carried out
(1) An in vitro
fertilisation procedure may be carried out where —
(a) it
would be likely to benefit —
(i)
persons who, as a couple, are unable to conceive a child
due to medical reasons; or
(ia) a
woman who is unable to conceive a child due to medical reasons; or
(ii)
a couple or a woman whose child would otherwise be likely
to be affected by a genetic abnormality or a disease; or
(iii)
a woman who is unable to give birth to a child due to
medical reasons and is a party to a surrogacy arrangement (as defined in the
Surrogacy Act 2008 section 3) that is lawful;
and
(b) each
of the participants required to do so has given an effective consent; and
(c) any
persons seeking to be regarded, in applying paragraph (a), as members of a
couple are —
(i)
married to each other; or
(ii)
in a de facto relationship with each other and are of the
opposite sex to each other;
and
(d) the
reason for infertility is not age or some other cause prescribed for the
purpose of this paragraph; and
(e)
consideration has been given to the welfare and interests of —
(i)
the participants; and
(ii)
any child likely to be born as a result of the procedure,
and in the opinion of
the licensee that consideration does not show any cause why the procedure
should not be carried out,
but not otherwise.
(2) Subsection (1)
does not require that the benefit likely to result from the procedure involve
the pregnancy of a member of the couple who are, or the woman who is, likely
to benefit.
[Section 23 amended: No. 3 of 2002 s. 74; No. 17
of 2004 s. 17; No. 47 of 2008 s. 67.]