Human Tissue Act 1985

In this section – conditions of parental consent means the conditions attached to the consent of a parent of a stillborn child for – the performance of a medical examination of the stillborn child; or the removal of tissue for use for therapeutic, medical or scientific purposes during a medical examination of a stillborn child; stillborn child means a child who is stillborn and – is at least 20 weeks in gestation; or if it cannot be reliably established whether the period of gestation is at least 20 weeks, has a body mass of at least 400 grams at birth.

A designated officer, by instrument in writing, may authorise a medical examination of a stillborn child if a parent of the stillborn child has given consent in writing to the examination.

An authorisation under subsection (2) is authority for a medical practitioner, other than the designated officer who gave the authorisation, to – perform, in accordance with the conditions of parental consent, the medical examination of the stillborn child specified in the authorisation; and remove such tissue from the stillborn child during the medical examination as is necessary for medical testing.

A designated officer, by instrument in writing, may authorise the removal of tissue for use for therapeutic, medical or scientific purposes during a medical examination of a stillborn child if a parent of the stillborn child has given written consent for the tissue to be removed for use for therapeutic, medical or scientific purposes.

An authorisation under subsection (4) is authority for – a medical practitioner, other than the designated officer who gave the authorisation, to remove, in accordance with the conditions of parental consent, tissue from a stillborn child during a medical examination in accordance with the authorisation; and the removed tissue to be used, in accordance with the conditions of parental consent, for therapeutic, medical or scientific purposes.

The consent of a parent of a stillborn child to a medical examination of the stillborn child, or to the removal of tissue for use for therapeutic, medical or scientific purposes from the stillborn child, may be given conditionally or unconditionally.

If the same tissue is required for medical testing and for therapeutic, medical or scientific purposes, the tissue is to be used for medical testing first.