NSWIn ForceAct
Assisted Reproductive Technology Act 2007
40Seeking consent of offspring to disclosure
Start here
Get a plain-English read of 40
Turn the raw legal text into a practical explanation grounded in Assisted Reproductive Technology Act 2007.
#### 40 Seeking consent of offspring to disclosure
40 Seeking consent of offspring to disclosure
> > (1) The Secretary may contact a person who is an offspring of a donor and ask the person whether he or she wishes to consent to the disclosure of information under this Division.
>
> > (2) The Secretary may contact a person under subsection (1)—
> >
> > > (a) at the request of the donor, or
> >
> > > (b) at the request of an adult offspring of the donor, or
> >
> > > (c) on the Secretary’s own initiative.
>
> > (3) The Secretary is not to contact a person under subsection (1) unless the person is an adult and the Secretary is of the opinion that the contact is justified in order to promote the welfare and best interests of one or more of the persons concerned.
>
> > (4) The Secretary may consult any person or body that the Secretary believes may assist the Secretary in the exercise of his or her functions under this section.
>
> > (5) The Secretary may arrange for any one or more of the persons concerned to be provided with such counselling as the Secretary believes is necessary to assist the person and the Secretary in the matter.
>
> > (6) The Secretary must exercise his or her functions under this section in accordance with any guidelines that may be prescribed by the regulations.
>
> **s 40:** Am 2010 No 102, Sch 2.1 \[12\].