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ASSISTED REPRODUCTIVE TREATMENT ACT 2008 (NO. 76 OF 2008) - SECT 33

Storing embryos for later transfer

    (1)     This section applies to an embryo stored as referred to in section 32(2).

    (2)         A registered ART provider must not cause or permit the embryo to remain in storage—

        (a)     if one of the persons who produced the gametes used to form the embryo has specified a storage period of less than 5 years, after that period; or

        (b)     in any other case, after the latest of the following days—

              (i)     the day that is 5 years after the day the embryo was placed in storage;

              (ii)     if the persons who produced the gametes from which the embryo has been formed consent to storage for a period of not more than 5 years in addition to the period referred to in subparagraph (i), the day that is the end of that additional period;

              (iii)     if the Patient Review Panel gives approval under subsection (3) for a longer period of storage, the day that is the end of the period approved by the Panel.

Penalty:     240 penalty units or 2 years imprisonment or both.

    (3)     The Patient Review Panel may give written approval for a longer period for storage of an embryo if it considers there are reasonable grounds for doing so in the particular case.

    (4)     An approval under subsection (3) may be subject to conditions.



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