Victorian Current Acts Victorian Current Acts(1) In this Division—
"gamete donor" means a person who gave consent under section 16(1) for use of the person's oocyte or sperm in a treatment procedure;
"responsible person", in relation to an embryo, means—
(a) each person who produced the gametes from which the embryo has been formed but not including any person who is a gamete donor; or
(b) in the case of an embryo formed only from donor gametes—
(i) the woman and her partner (if any) for whose use in a treatment procedure the embryo was formed; or
(ii) the intended parent who commissioned or who intends to commission a surrogacy arrangement, and for whose use in a treatment procedure under that surrogacy arrangement the embryo was formed; or
(c) in the case of an embryo referred to in paragraph (b) that is later allocated—
(i) the woman and her partner (if any) to whom the embryo is allocated for use in a treatment procedure; or
(ii) the intended parent who commissioned or who intends to commission a surrogacy arrangement, and for whose use in a treatment procedure under that surrogacy arrangement the embryo is allocated.
(2) For the purposes of paragraphs (b)(i) and (c)(i) of the definition of "responsible person", a reference to the woman's partner is a reference to the woman's partner at the time the embryo was formed or allocated, whether or not the woman and her partner have since separated.
S. 31 substituted by No. 18/2013 s. 4.