Human Reproductive Technology Act 1991

This section does not apply in relation to an excess ART embryo except in relation to the use of such an embryo that is an exempt use as defined in section 53W(2).

Subject to section 24(4), in relation to rights to the control of, or power to deal with or dispose of, any human egg undergoing fertilisation or human embryo that is outside the body of a woman —

each person on whose behalf it is developed or is being or is to be, kept has, subject to section 53Q, the right to decide how a human egg undergoing fertilisation or a human embryo is to be dealt with or disposed of, so that —

such a person shall have, while storage continues, the right to review the decision to store from time to time and may withdraw consent or vary the terms of any consent; and

any question as to the nature or extent of the respective rights or powers may, subject to subsection (2), be referred to a court of competent jurisdiction;

in the event of the death of one member of a couple in whom the rights are vested, those rights vest solely in the survivor; and

where from any human gametes, a human egg undergoing fertilisation or a human embryo is developed, whether or not with effective consent, the individual rights of a human gamete provider or person to whom the human gametes were provided and of a licensee cease at the moment fertilisation begins and the rights thereafter vest jointly in the couple on whose behalf that egg or embryo was developed, or vest in the woman on whose behalf that egg or embryo was developed; and

where a human egg undergoing fertilisation or a human embryo has been developed on behalf of a couple or a woman and is no longer required for that purpose, the egg may be used if all the participants in a proposed procedure give an effective consent; and

on the commencement of an implantation procedure the rights in a human egg undergoing fertilisation or a human embryo vest in the woman receiving it, whether or not —

that recipient was eligible to undergo the procedure; or

any consent required was given or, if given, was effective.

Where rights in relation to a human egg undergoing fertilisation or a human embryo are vested in a couple and the couple disagree about its use or continued storage, the CEO shall, on application by a member of that couple, direct the licensee storing the egg or embryo to ensure that the storage is maintained subject to —

payment of the proper charges of the licensee for the storage; and

any limitation as to the time of storage prescribed or determined in accordance with section 24(1)(b); and

any order made by a court of competent jurisdiction which otherwise requires.