Victorian Numbered Acts

ASSISTED REPRODUCTIVE TREATMENT AMENDMENT ACT 2021 (NO. 39 OF 2021) - SECT 19

After section 29(2) of the Principal Act insert —

    "(3)     A person does not commit an offence against subsection (1) if—

        (a)     the person carries out a treatment procedure using gametes, or an embryo formed from gametes, produced by a donor; and

        (b)     the person knows the treatment procedure may result in more than 10 women having children who are genetic siblings; and

        (c)     the treatment procedure is carried out—

              (i)     on a woman who has a female partner or whose female partner is deceased to produce a child who will be a genetic sibling of the children of that woman and her partner or that woman and the deceased (as the case requires); or

              (ii)     on a woman under a surrogacy arrangement to produce a child who will be a genetic sibling of the children of—

    (A)     both commissioning parents; or

    (B)     the commissioning parent, if the other children of the commissioning parent were born as a result of a surrogacy arrangement commissioned only by that commissioning parent; or

    (C)     in the case of posthumous use, the commissioning parent and the deceased.".