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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Reproductive Technology (Clinical Practices) (Artificial
Fertilisation) Amendment Bill 2008
A BILL FOR
An Act to amend the Reproductive Technology (Clinical Practices)
Act 1988.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Reproductive Technology
(Clinical Practices) Act 1988
4 Amendment of section
3—Interpretation
5 Amendment of section 10—Functions of
Council
6 Amendment of section 13—Licence required for artificial
fertilisation procedures
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Reproductive Technology (Clinical
Practices) (Artificial Fertilisation) Amendment Act 2008.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Reproductive Technology (Clinical Practices)
Act 1988
4—Amendment of
section 3—Interpretation
Section 3—after the definition of in vitro fertilisation
procedure insert:
married couple includes 2 people who are not legally married
but who are cohabiting as husband and wife and who—
(a) have cohabited continuously as husband and wife for the immediately
preceding 5 years; or
(b) have, during the immediately preceding 6 years, cohabited as husband
and wife, for periods aggregating at least 5 years,
and husband, wife and spouse have
corresponding meanings;
5—Amendment of
section 10—Functions of Council
Section 10(3)—after paragraph (d) insert:
(e) artificial fertilisation procedures must not be carried out for the
benefit of a woman whose husband has died unless—
(i) the deceased husband was married to the woman immediately before his
death; and
(ii) the procedures involve the use of the deceased husband's sperm;
and
(iii) the deceased husband had, during his lifetime, given his consent to
the use of his sperm in artificial fertilisation procedures for the benefit of
his wife after his death.
6—Amendment of
section 13—Licence required for artificial fertilisation
procedures
(1) Section 13(3)(b)—delete paragraph (b) and substitute:
(b) a condition preventing the application of artificial fertilisation
procedures except—
(i) for the benefit of married couples in the following
circumstances:
(A) 1 or both of the spouses appear to be infertile; or
(B) there appears to be a risk that a genetic defect would be transmitted
to a child conceived naturally; or
(ii) for the benefit of a woman (whether infertile or not) whose husband
has died;
(2) Section 13(4)—delete subsection (4)