Western Australian Consolidated Acts Western Australian Consolidated Acts In relation to any
rights in, or power to deal with or dispose of, human gametes —
(a) in
respect of both human eggs and human sperm, all rights remain vested in the
respective gamete providers, unless and until otherwise dealt with, as though
personal property subject to section 53Q;
(b)
where human gametes are donated with effective consent to a licensee, all
rights in those gametes vest in the licensee subject to the limitation that,
in accordance with that consent, the gametes may be used —
(i)
for the purpose of initiating an in vitro fertilisation
procedure intended to develop a human egg undergoing fertilisation or a human
embryo for implantation into a recipient named in, or to be selected in
accordance with circumstances specified, in that consent;
(ii)
for artificial insemination purposes;
(iii)
in, or in connection with, an approved project of
research; or
(iv)
for the purposes of diagnostic procedures,
and not otherwise, but
if the gametes are not so used they shall, subject to section 26(1)(c)
and (d), be allowed to succumb; and
(c) in
respect to human gametes donated subject to a consent which is conditional and
which are not used, if a condition to which the consent was made subject is
not observed, the rights, subject to section 22(6) and any instructions
to which effect can then be given, revert to the donor and in default vest in
the CEO.
[Section 25 amended by No. 17 of 2004
s. 19; No. 18 of 2004 s. 6; No. 28 of 2006 s. 270(1).]