• Specific Year
    Any

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.]