(1) In this Act:
"excess ART embryo" means a human embryo that—
(a) was created, by assisted reproductive technology, for use in the assisted reproductive technology treatment of a woman; and
(b) is excess to the needs of—
(i) the woman for whom it was created; and
(ii) her domestic partner (if any) when the embryo was created.
Note For the meaning of domestic partner , see Legislation Act, s 169.
(2) For subsection (1) (b), a human embryo is excess to the needs of the people mentioned in that paragraph at a particular time if—
(a) each of the people has given written authority for use of the embryo for a purpose other than a purpose relating to the assisted reproductive technology treatment of the woman concerned, and the authority is in force at that time; or
(b) each of the people has declared in writing that the embryo is excess to their needs, and the declaration is in force at that time.