Assisted Reproductive Technology and Surrogacy Bill 2025
Part 4 Reproductive material and embryos
Division 1 Rights over reproductive material and embryos
s. 47
page 34
47. Rights of donor over donated reproductive material or1
donated embryo2
(1) If a person donates reproductive material or an embryo, the3
donor may —4
(a) in giving consent under Division 2 to the use or storage5
of the material or embryo, attach specified conditions to6
the donation; and7
(b) revoke the donation before the reproductive material or8
embryo is used.9
Examples for this subsection:10
For the purposes of paragraph (a), conditions that may be attached to11
the donation include —12
(a) donated reproductive material is to be used to create an13
embryo for a specified person or couple; and14
(b) if the donor dies, donated material or a donated embryo is not15
to be used in ART procedures to try to achieve a pregnancy,16
but may be used for research; and17
(c) unused donated material is to be disposed of when it has been18
stored for 5 years.19
(2) A person cannot attach a condition to the donation of20
reproductive material or an embryo that is a condition21
prohibited by the regulations.22
(3) A donor’s rights in relation to reproductive material or an23
embryo they donated end when —24
(a) in the case of donated reproductive material — the25
donated material is used in an ART procedure to create26
an embryo; or27
(b) the donated material or donated embryo is otherwise28
used in an ART procedure; or29
(c) if the donated material or donated embryo has not been30
allocated to a person or couple for their reproductive31
purposes — the prescribed storage period for the32
material or embryo ends.33
Assisted Reproductive Technology and Surrogacy Bill 2025
Reproductive material and embryos Part 4
Consent Division 2
s. 48
page 35
Division 2 — Consent1
48. Consent not required more than once2
Nothing in this Division requires the consent of a person to be3
given or obtained more than once in relation to the same matter.4
49. Consent of person under 18 years of age5
(1) This section applies if, for a licensee to do something, the6
consent of a person who is under 18 years of age is required7
under a provision of this Act.8
(2) If the person has sufficient understanding and intelligence to9
fully understand what is proposed, the person has the capacity10
to, and must, consent to the matter on their own behalf.11
(3) However, if the licensee considers the person does not have the12
capacity to consent to the matter as described in subsection (2),13
a parent or legal guardian of the person must consent on the14
person’s behalf, instead of the person.15
50. Requirement for consent16
(1) This section applies if something for which a person’s consent17
is required under a provision of this Act is done as part of an18
ART service provided by a licensee.19
(2) The licensee commits an offence unless —20
(a) the person’s written consent is obtained before the thing21
is done; and22
(b) the consent is effective under subsection (3); and23
(c) the thing is done in accordance with the consent.24
Penalty for this subsection: a fine of $50 000.25
(3) A person’s consent is effective for the purposes of26
subsection (2) if —27
(a) the consent states the matters prescribed for the consent;28
and29
Section retrieval-0005 - Assisted Reproductive Technology and Surrogacy Bill 2025 - Document excerpt 5 | Zoe
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 4 Reproductive material and embryos
Division 2 Consent
s. 51
page 36
(b) the consent is signed by the person; and1
(c) before the consent is given —2
(i) the person receives or is offered the counselling3
services, and is given the prescribed information,4
required for the consent under section 51(2); and5
(ii) the identity of the person giving the consent is6
verified in accordance with section 52.7
(4) It is a defence to a charge of an offence against subsection (2) in8
relation to the use or storage of reproductive material or an9
embryo for the licensee to prove that it is not clinically10
appropriate for reproductive material or an embryo to be used or11
stored in accordance with the consent12
51. Requirements relating to counselling services and13
information to support informed consent14
(1) This section applies if a person’s consent is required under a15
provision of this Act for something to be done as part of an16
ART service provided by a licensee.17
(2) The licensee must ensure that, before the person gives the18
consent —19
(a) if counselling services are prescribed as mandatory in20
relation to giving the consent — the person receives the21
mandatory counselling services; and22
(b) if paragraph (a) does not apply — the person is offered23
counselling services in relation to giving the consent;24
and25
(c) the person is given the prescribed information, in the26
prescribed way, that applies to giving the consent.27
(3) The licensee is taken to have complied with subsection (2)(a) in28
relation to the person giving the consent if the licensee is29
satisfied that the person received the counselling services30
Assisted Reproductive Technology and Surrogacy Bill 2025
Reproductive material and embryos Part 4
Consent Division 2
s. 52
page 37
mentioned in that subsection as part of an ART service provided1
by another licensee.2
(4) In subsection (3), a reference to another licensee includes a3
reference to a person who lawfully provides ART services4
outside the State.5
(5) Regulations may provide for any of the following —6
(a) counselling services that are mandatory in relation to7
giving consent for something to be done as part of an8
ART service;9
(b) the right of a person to choose who provides a10
counselling service to the person;11
(c) matters relating to the cost of counselling services;12
(d) the qualifications to be held by persons who provide13
counselling services;14
(e) the record keeping and information sharing requirements15
to be complied with by licensees and persons who16
provide counselling services;17
(f) requirements for the accessibility of information18
prescribed for subsection (2)(c), including, for example,19
interpretation or presentation of the information.20
52. Verification of identity of consent giver21
A licensee must not do something for which a person’s consent22
is required under a provision of this Act, or allow the thing to be23
done, unless the licensee takes reasonable steps to verify the24
identity of the person before obtaining the person’s consent for25
the thing.26
Penalty: a fine of $10 000.27
53. Collection, use and storage of reproductive material28
(1) A person’s consent is required for an ART procedure to be29
performed to collect reproductive material from the person.30
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 4 Reproductive material and embryos
Division 2 Consent
s. 54
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(2) If reproductive material is collected from a person, either as a1
contributing parent or a donor, the person’s consent is required2
for the material —3
(a) to be used in an ART procedure; and4
(b) to be stored for the period specified in the consent.5
(3) A licensee must not allow an ART procedure to collect6
reproductive material from a person to be performed unless the7
licensee takes reasonable steps to verify the person’s identity.8
Penalty for this subsection: a fine of $10 000.9
54. Transfer procedure using reproductive material10
(1) In this section —11
transfer procedure means an ART procedure in which12
reproductive material is transferred into a person’s body for the13
purpose of the person becoming pregnant.14
Examples for this definition:15
Examples of a transfer procedure include artificial insemination,16
gamete intrafallopian transfer and intrauterine insemination.17
(2) The consent of each of the following persons is required for a18
transfer procedure to be performed —19
(a) the person who is to undergo the transfer procedure;20
(b) each person who is a contributing parent of reproductive21
material to be used in the procedure;22
(c) each person who is an intended parent in relation to the23
procedure.24
(3) Also, if reproductive material to be used in the transfer25
procedure is donated, the consent of each donor of the donated26
reproductive material is required for it to be used in the27
procedure.28
Assisted Reproductive Technology and Surrogacy Bill 2025
Reproductive material and embryos Part 4
Consent Division 2
s. 55
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55. Creation of embryo1
(1) In this section —2
embryo creation procedure means an ART procedure in which3
reproductive material is used to create, or to attempt to create,4
1 or more embryos.5
(2) The consent of each of the following persons is required for an6
embryo creation procedure to be performed —7
(a) each person who is a contributing parent of reproductive8
material to be used in the procedure;9
(b) each person who would be an intended parent of an10
embryo created by the procedure, were the procedure to11
result in the creation of 1 or more embryos.12
(3) Also, if reproductive material to be used in the embryo creation13
procedure is donated, the consent of each donor of the donated14
reproductive material is required for it to be used in the15
procedure.16
56. Storage of embryo17
The consent of each person who is an intended parent or donor18
of an embryo is required for an embryo to be stored by a19
licensee for the period specified in the consent.20
57. Allocation of donated embryo21
The consent of the following persons is required for a licensee22
to allocate a donated embryo to a person or couple —23
(a) each person who is a donor of the embryo;24
(b) the person, or each person in the couple, to whom the25
licensee proposes to allocate the embryo.26
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 4 Reproductive material and embryos
Division 2 Consent
s. 58
page 40
58. Use of embryo in embryo transfer procedure1
(1) In this section —2
embryo transfer procedure means an ART procedure in which3
an embryo is transferred into a person’s body for the purpose of4
the person becoming pregnant.5
(2) The consent of each of the following persons is required for an6
embryo transfer procedure to be performed —7
(a) the person who is to undergo the procedure;8
(b) each person who is an intended parent in relation to the9
procedure.10
(3) Also, if an embryo to be used in the embryo transfer procedure11
is donated, the consent of each donor of the embryo is required12
for it to be used in the procedure.13
59. Amendment or withdrawal of consent14
(1) A person may amend or withdraw the person’s consent to an15
ART procedure being performed at any time before the16
procedure is performed.17
(2) A person may amend or withdraw the person’s consent to the18
use of reproductive material or an embryo for an ART19
procedure or its storage at any time before —20
(a) the material or embryo is used; or21
(b) the end of the period stated in the consent as the22
maximum period for which the material or embryo may23
be stored; or24
(c) if the person is the donor of the material or embryo and25
the material or embryo has not been allocated to a26
person or couple for their reproductive purposes — the27
end of the prescribed storage period for the material or28
embryo.29
Assisted Reproductive Technology and Surrogacy Bill 2025
Reproductive material and embryos Part 4
Consent Division 2
s. 60
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(3) Amendment of a consent must be in writing.1
(4) Withdrawal of a consent —2
(a) if the consent is to the storage of reproductive material3
or an embryo — must be in writing; or4
(b) otherwise —5
(i) may be oral or written; and6
(ii) if the withdrawal is oral — must be confirmed in7
writing as soon as practicable after it is given.8
(5) A licensee must not accept an amendment or withdrawal of a9
person’s consent under subsection (1) or (2) unless the licensee10
takes reasonable steps to verify the person’s identity.11
Penalty for this subsection: a fine of $10 000.12
60. Steps after withdrawal of consent13
If a person withdraws the person’s consent to the use or storage14
of reproductive material or an embryo, a licensee must —15
(a) take immediate action to ensure the material or embryo16
is not used; and17
(b) deal with the material or embryo as directed in —18
(i) if the withdrawal of the consent specifies how19
the material or embryo is to be dealt with — the20
withdrawal of the consent; or21
(ii) otherwise — the consent that relates to the22
storage of the material or embryo.23
Penalty: a fine of $25 000.24
Examples for this section:25
For the purposes of paragraph (b), examples of directions that may be26
given in the consent or withdrawal of consent include that the27
reproductive material or embryo be —28
(a) donated to the licensee for use as the licensee considers29
appropriate; and30
(b) transferred to another licensee for further storage; and31
(c) disposed of or allowed to succumb.32
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 4 Reproductive material and embryos
Division 2 Consent
s. 61
page 42
Note for this section:1
See sections 69 and 71 in relation to the steps to be taken in relation to2
the period for storing reproductive material or an embryo ending.3
61. Disputes and unforeseen circumstances relating to embryos4
(1) This section applies if —5
(a) a couple are the intended parents of an embryo; and6
(b) there is a dispute between the intended parents about the7
embryo, including, for example, a dispute arising8
because —9
(i) 1 of the intended parents wants to amend or10
withdraw a consent relating to the embryo; or11
(ii) circumstances arise that are not covered by a12
consent relating to the embryo.13
(2) One or both of the intended parents may apply to the Family14
Court for an order about the use of the embryo.15
(3) The Family Court may make any order about the use of the16
embryo that the court considers is reasonable in all the17
circumstances.18
(4) Despite any provision to the contrary, the licensee that is storing19
the embryo to which a consent relates is authorised and required20
to continue to store it while —21
(a) the court considers an application made under22
subsection (2); or23
(b) the licensee is otherwise aware there is a dispute24
between the intended parents of the embryo.25
62. Disposal or limited use of unviable material or unviable26
embryos27
(1) This section applies if —28
(a) reproductive material collected from a person is not29
viable to be used in an ART procedure or stored; or30
Assisted Reproductive Technology and Surrogacy Bill 2025
Reproductive material and embryos Part 4
Genetic testing Division 3
s. 63
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(b) an embryo created as a result of an ART procedure, or1
other human material resulting after the procedure, is2
not viable to be used in an ART procedure or stored.3
(2) Nothing in this Division requires a person’s consent for the4
unviable reproductive material, embryo or other human material5
to be disposed of.6
(3) However, the consent of each of the following persons is7
required for the unviable reproductive material, embryo or other8
human material to be used by a licensee for training, quality9
assurance or other similar purposes —10
(a) in the case of unviable reproductive material — the11
contributing parent or donor of the reproductive12
material;13
(b) in the case of an unviable embryo or other human14
material — each person who is an intended parent in15
relation to the ART procedure that created the unviable16
embryo or other human material.17
Division 3 — Genetic testing18
63. Limited genetic testing of embryos19
(1) In this section —20
approved conditions list means the list of genetic conditions,21
diseases or abnormalities approved by the CEO and published22
under section 65.23
(2) A licensee must not carry out genetic testing of an embryo24
unless the testing is —25
(a) for a genetic condition, disease or abnormality in the26
approved conditions list; or27
(b) approved by the Board; or28
(c) a prescribed type of testing.29
Penalty for this subsection: a fine of $25 000.30
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 4 Reproductive material and embryos
Division 4 Storage
s. 64
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(3) Subsection (2) does not authorise genetic testing of an embryo1
for the purpose of sex selection in the absence of a medical2
reason to do so.3
(4) A licensee may apply to the Board for approval to carry out4
genetic testing of an embryo for a genetic condition, disease or5
abnormality not in the approved conditions list.6
(5) The Board may decide to give the approval or to refuse the7
application.8
64. Prohibition on sex selection9
A licensee must not carry out genetic testing of an embryo for10
the purpose of sex selection unless there is a medical reason to11
do so.12
Penalty: imprisonment for 2 years and a fine of $50 000.13
65. Approved conditions list14
(1) The CEO may approve a list of genetic conditions, diseases or15
abnormalities for which embryos may be tested.16
(2) The list approved under subsection (1) must —17
(a) be published on a website maintained by or on behalf of18
the Department; and19
(b) include the date on which the list takes effect; and20
(c) be published as a new version each time the list is21
changed.22
Division 4 — Storage23
66. Appropriate storage of reproductive material and embryos24
A licensee commits an offence if the storage facilities for25
reproductive material or embryos operated by the licensee fail to26
store reproductive material or embryos in a safe condition.27
Penalty: imprisonment for 2 years and a fine of $50 000.28