Provision of ART treatment to child or young person
26 Provision of ART treatment to child or young person
An ART provider commits an offence if it—
provides ART treatment to a child or young person; or
obtains a gamete from a child or young person for use in ART treatment or for research in relation to ART treatment.
Maximum penalty: 200 penalty units, imprisonment for 2 years or both.
Subsection (1) does not apply to an ART provider that obtains a gamete from a child or young person if—
a doctor has certified there is a reasonable risk of the child or young person becoming infertile before becoming an adult; and
the ART provider obtains the gamete for the purpose of storing it for the child or young person’s future benefit.
The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
An ART provider that has obtained a gamete from a child or young person in accordance with subsection (2) must—
despite anything else in this Act, store the gamete until the person becomes an adult and provides instructions in relation to the gamete; and
when the person becomes an adult, take reasonable steps to obtain the person’s consent to storage of the gamete unless the person gives consent sooner.
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