Posthumous use of gametes or embryos
36 Posthumous use of gametes or embryos
An ART provider commits an offence if it—
provides ART treatment to a person using a gamete; and
knows or reasonably ought to have known that the gamete provider is deceased.
Maximum penalty: 100 penalty units.
Subsection (1) does not apply if—
the gamete provider had consented to the use of the gamete in the circumstances and the person undergoing the treatment has, having been notified of the gamete provider’s death and date of death (if known), consented to the treatment in writing; or
the ART provider provides the treatment to the gamete provider’s domestic partner in accordance with a court order under section 37.
The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
This Act’s bill:Explanatory statementSecond reading speech
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