Victorian Consolidated Regulations

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ASSISTED REPRODUCTIVE TREATMENT REGULATIONS 2019 - REG 9D

Additional matters to be certified before taking donated gametes or embryo produced from donor gametes from Victoria

For the purposes of section 36(4)(c) of the Act, the following matters are prescribed—

        (a)     the person has provided the person receiving the donor gametes or embryo produced from donor gametes (the  receiving party ) with a copy of the donor's consent under section 16 of the Act or evidence that the donor has provided the relevant consent;

        (b)     the person has sighted—

              (i)     the donor's passport, driver licence or any other identification document displaying the donor's photograph and signature; or

              (ii)     a certified copy of the donor's passport, driver licence or any other identification document displaying the donor's photograph and signature;

        (c)     the person has provided the receiving party with the following information about the donor—

              (i)     the donor's unique donor identifier (if any);

              (ii)     the donor's full name;

              (iii)     any other name by which the donor is or has been known;

              (iv)     the donor's date of birth;

              (v)     the donor's place of birth (suburb or town and country);

              (vi)     the donor's sex;

              (vii)     the donor's residential address;

              (viii)     the donor's phone number;

              (ix)     the date on which the donor produced the gametes;

              (x)     the place at which the donor produced the gametes;

              (xi)     the donor's blood group;

              (xii)     any known genetic abnormality of the donor and, if available, any results of tests undertaken in relation to that abnormality;

              (xiii)     the number of women who have given birth to children conceived using the donor's gametes or an embryo produced from the donor's gametes, including any current or former partner of the donor;

              (xiv)     whether the donor has donated, or intends to donate, gametes or an embryo to any other registered ART provider or to a doctor and, if so—

    (A)     the name and address of that registered ART provider; or

    (B)     the full name and business address of that doctor;

        (d)     if the person is a registered ART provider and the donor gametes were or the embryo produced from the donor's gametes was not produced at the premises of the registered ART provider, the person has provided the receiving party with the date on which the gametes were or the embryo was received by the person;

        (e)     if the person is a registered ART provider, the person has provided the receiving party with the following information about the donor—

              (i)     the date on which the person has sighted—

    (A)     the donor's passport, driver licence or any other identification document displaying the donor's photograph and signature; or

    (B)     a certified copy of the donor's passport, driver licence or any other identification document displaying the donor's photograph and signature;

              (ii)     the number of children born as a result of a treatment procedure carried out by the person using the donor's gametes or an embryo produced from the donor's gametes;

        (f)     if the person is a doctor carrying out artificial insemination using the donor gametes, the person has provided the receiving party with the following information about the donor—

              (i)     the date on which the donor gametes were received by the person;

              (ii)     the date on which the donor received counselling under section 18 of the Act and the name of the counsellor who provided the counselling;

              (iii)     the number of children born as a result of artificial insemination carried out by the person using the donor's gametes;

        (g)     the person has received the name and contact details of the receiving party;

        (h)     the person has provided written notice to the donor of the name and contact details of the receiving party;

              (i)     the person has taken all reasonable steps to ensure that, at the time of certification, the limit imposed by section 29 of the Act in relation to the use of the gametes or embryo has not been reached.

Reg. 9E inserted by S.R. No. 141/2024 reg. 10.



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