Assisted Reproductive Technology and Surrogacy Bill 2025
Reproductive material and embryos Part 4
Storage Division 4
s. 67
page 45
67. Purposes for storage of reproductive material and embryos1
(1) In this section —2
authorised research means —3
(a) research that uses reproductive material that is approved4
by a Human Research Ethics Committee acting in5
accordance with the National Ethical Statement; or6
(b) research that uses an embryo that is conducted under a7
licence issued by the National Health and Medical8
Research Council under the Research Involving Human9
Embryos Act 2002 (Commonwealth);10
Human Research Ethics Committee means a human research11
ethics committee constituted in accordance with the National12
Ethical Statement as in effect from time to time;13
National Ethical Statement means the guidelines on ethical14
issues relating to health —15
(a) issued under the National Health and Medical Research16
Council Act 1992 (Commonwealth) section 7(1)(a)(v);17
and18
(b) called the National Statement on Ethical Conduct in19
Human Research;20
National Health and Medical Research Council means the21
National Health and Medical Research Council established by22
the National Health and Medical Research Council Act 199223
(Commonwealth) section 5B.24
(2) A licensee must not store reproductive material or an embryo25
for a purpose other than —26
(a) use in an ART procedure; or27
(b) possible future use in an ART procedure; or28
(c) use in authorised research; or29
(d) a prescribed purpose.30
Penalty for this subsection: a fine of $25 000.31
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Part 4 Reproductive material and embryos
Division 4 Storage
s. 68
page 46
68. Period of storage for reproductive material1
(1) The period for storing reproductive material is the period2
specified in the consent to storage given by the contributing3
parent or donor of the reproductive material.4
(2) However, the period for storing donated reproductive material is5
the prescribed storage period if —6
(a) the reproductive material has not been allocated to a7
person or couple for their reproductive purposes; and8
(b) the consent to the storage of the reproductive material9
given by its donor —10
(i) specifies a longer period than the prescribed11
storage period; or12
(ii) does not specify a period for storing the material.13
69. Steps relating to end of storage period for reproductive14
material15
(1) In this section —16
prescribed grace period, in relation to reproductive material,17
means the period that —18
(a) starts before, and ends after, the day on which the19
storage period for the reproductive material ends; and20
(b) is prescribed as the grace period for the storage of21
reproductive material;22
storage period, in relation to reproductive material, means the23
period for storing the reproductive material under section 68.24
(2) A licensee storing reproductive material must take reasonable25
steps to contact the contributing parent of the reproductive26
material, in accordance with subsection (3), to give the27
contributing parent an opportunity to give further consent about28
the use, storage or disposal of the material.29
Penalty for this subsection: a fine of $25 000.30
Assisted Reproductive Technology and Surrogacy Bill 2025
Reproductive material and embryos Part 4
Storage Division 4
s. 70
page 47
(3) The licensee must take the reasonable steps —1
(a) starting before the storage period for the reproductive2
material ends; and3
(b) continuing during the prescribed grace period for the4
material until the licensee contacts the contributing5
parent or the prescribed grace period ends.6
(4) The licensee must dispose of stored reproductive material if —7
(a) the licensee has complied with subsection (2) in relation8
to the material and the contributing parent has confirmed9
that the material is no longer to be stored or is to be10
disposed of; or11
(b) the licensee is unable to contact the contributing parent12
under subsection (2) despite reasonable efforts to do so13
and the prescribed grace period for the material ends; or14
(c) the reproductive material is donated and the storage15
period for the material ends.16
Penalty for this subsection: a fine of $25 000.17
70. Period of storage for embryos18
(1) The period for storing an embryo is the period specified in the19
consent to storage given by —20
(a) if the embryo has been donated — the donor or donors21
of the embryo; or22
(b) otherwise — the intended parent or intended parents of23
the embryo.24
(2) However, the period for storing a donated embryo is the25
prescribed storage period if —26
(a) the embryo has not been allocated to a person or couple27
for their reproductive purposes; and28
(b) the consent to the storage of the embryo given by its29
donor or donors —30
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 4 Reproductive material and embryos
Division 4 Storage
s. 71
page 48
(i) specifies a longer period than the prescribed1
storage period; or2
(ii) does not specify a period for storing the embryo.3
71. Steps relating to end of storage period for embryos4
(1) In this section —5
prescribed grace period, in relation to an embryo, means the6
period that —7
(a) starts before, and ends after, the day on which the8
storage period for the embryo ends; and9
(b) is prescribed as the grace period for the storage of10
embryos;11
storage period, in relation to an embryo, means the period for12
storing the embryo under section 70.13
(2) A licensee storing an embryo must take reasonable steps to14
contact each intended parent of the embryo, in accordance with15
subsection (3), to give the intended parent an opportunity to16
give further consent about the use, storage or disposal of the17
embryo.18
Penalty for this subsection: a fine of $25 000.19
(3) The licensee must take the reasonable steps —20
(a) starting before the storage period for the embryo ends;21
and22
(b) continuing during the prescribed grace period for the23
embryo until the licensee contacts each intended parent24
or the prescribed grace period ends.25
(4) Subsection (2) does not apply if the embryo has been donated.26
(5) The licensee must allow the embryo to succumb if —27
(a) the licensee has complied with subsection (2) in relation28
to the embryo and each intended parent of the embryo29
Assisted Reproductive Technology and Surrogacy Bill 2025
Reproductive material and embryos Part 4
Posthumous use of reproductive material and embryos Division 5
s. 72
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has confirmed that the embryo is no longer to be stored1
or is to be allowed to succumb; or2
(b) the licensee is unable to contact each intended parent3
under subsection (2) despite reasonable efforts to do so4
and the prescribed grace period for the embryo ends; or5
(c) the embryo is donated and the storage period for the6
embryo ends.7
Penalty for this subsection: a fine of $25 000.8
Division 5 — Posthumous use of reproductive material and9
embryos10
Subdivision 1 — Preliminary11
72. Purpose of Division12
The purpose of this Division is to establish —13
(a) that the consent of a deceased person given before the14
person died, to the extent that it expressly states what is15
to happen to the person’s reproductive material or16
embryos after the person dies, is generally to be given17
effect; and18
(b) the rights of the surviving partner of a deceased person19
in relation to deciding what happens to a deceased20
person’s reproductive material or embryos; and21
(c) the requirements that must be met before a deceased22
person’s reproductive material or embryos can be used;23
and24
(d) the obligations of a licensee in relation to the use,25
storage and disposal of a deceased person’s reproductive26
material or embryos.27
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Part 4 Reproductive material and embryos
Division 5 Posthumous use of reproductive material and embryos
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73. Terms used1
(1) In this Division —2
consent, of a deceased person, means consent given by the3
person before the person died for something to be done in4
relation to reproductive material or an embryo that would be5
required under section 50(2) for a licensee to do the thing if the6
person had not died;7
embryo, of a deceased person, means —8
(a) an embryo of which the person was an intended parent9
or donor immediately before the person’s death; or10
(b) an embryo created after the person’s death using11
reproductive material of the deceased person in12
accordance with section 78;13
removed posthumously, in relation to the reproductive material14
of a deceased person, means the reproductive material was15
removed from the person’s body after the person’s death under16
the Human Tissue and Transplant Act 1982 Part 3A or a written17
law of another jurisdiction;18
reproductive material, of a deceased person, means —19
(a) reproductive material collected from the person before20
the person’s death; or21
(b) reproductive material removed posthumously from the22
person’s body.23
(2) In this Division, a reference to a deceased person who does not24
have a surviving partner is a reference to a deceased person who25
did not have a partner immediately before the person’s death.26
Assisted Reproductive Technology and Surrogacy Bill 2025
Reproductive material and embryos Part 4
Posthumous use of reproductive material and embryos Division 5
s. 74
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Subdivision 2 — Permitted use of deceased person’s reproductive1
material and embryos2
74. Deceased person’s consent3
(1) This section applies if a deceased person’s consent expressly4
states what is to happen to the deceased person’s reproductive5
material or embryos after the person dies.6
(2) The deceased person’s reproductive material or embryos can be7
used for 1 of the following purposes, if the use after the person’s8
death is expressly permitted by the person’s consent —9
(a) the reproductive purposes of the person’s surviving10
partner;11
(b) in the case of reproductive material or an embryo12
donated before the person’s death — the continuing13
donation of the material or embryo;14
(c) the donation of the material or embryo after the person’s15
death for use for a purpose other than the reproductive16
purposes of any person or couple.17
(3) Also, the deceased person’s reproductive material or embryos18
can, to the extent expressly permitted by the person’s consent —19
(a) be stored in relation to a permitted use of the material or20
embryos mentioned in subsection (2); or21
(b) be disposed of or allowed to succumb.22
(4) If the surviving partner of the deceased person is a joint23
intended parent or joint donor of the deceased person’s24
embryos —25
(a) subsection (2)(b) applies unless the surviving partner26
withdraws the partner’s consent to the donation; and27
(b) subsection (2)(c) applies subject to the surviving partner28
also consenting to the donation.29
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Part 4 Reproductive material and embryos
Division 5 Posthumous use of reproductive material and embryos
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75. Limited use of reproductive material removed1
posthumously2
(1) This section applies if reproductive material is removed3
posthumously from a deceased person’s body.4
(2) The reproductive material can be used only —5
(a) for the reproductive purposes of the deceased person’s6
surviving partner; and7
(b) with the approval of the Board.8
(3) Subsection (2) also applies to an embryo created in accordance9
with that subsection using the reproductive material.10
(4) Reproductive material, or an embryo created using the11
reproductive material, not used for the surviving partner’s12
reproductive purposes must be disposed of or allowed to13
succumb.14
76. Surviving partner’s right in relation to deceased person’s15
reproductive material or embryos for reproductive purposes16
(1) The surviving partner of a deceased person has the right to use17
the person’s reproductive material or, if the partner is a joint18
intended parent of the deceased person’s embryos, the person’s19
embryos, in an ART procedure for the partner’s reproductive20
purposes, but only if the use for that purpose is expressly21
permitted by —22
(a) the deceased person’s consent; or23
(b) the approval of the Board.24
Note for this subsection:25
The Board cannot approve use of the deceased person’s reproductive26
material or embryos for the use mentioned in subsection (1) if that use27
is contrary to the deceased person’s consent. See section 83(6).28
(2) Subsection (1) applies in relation to embryos of which the29
deceased person and surviving partner are joint intended30
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Posthumous use of reproductive material and embryos Division 5
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parents, with the approval of the Board as mentioned in1
subsection (1)(b), if —2
(a) the deceased person’s consent expressly states that the3
embryos are to be donated, either before or after the4
person’s death; and5
(b) the surviving partner withdraws the partner’s earlier6
consent to the donation of the embryos, or does not7
consent to their donation, as provided in section 74(4);8
and9
(c) the surviving partner wishes to use the reproductive10
material for the partner’s reproductive purposes.11
(3) The surviving partner may decide that the deceased person’s12
reproductive material is to be disposed of or embryos (of which13
the partner is a joint intended parent) be allowed to succumb,14
even if —15
(a) the deceased person’s consent provides for the material16
or embryos to be used after the person’s death for the17
partner’s reproductive purposes; or18
(b) in the case of the person’s reproductive material — the19
material was removed posthumously.20
(4) Subsection (3) does not apply if the deceased person’s consent21
expressly states that the person’s reproductive material is to be22
donated, either before or after the person’s death.23
77. No other rights in relation to reproductive material or24
embryos of deceased person25
The next of kin of a deceased person, other than the person’s26
surviving partner, does not have any right to decide what27
happens to the deceased person’s reproductive material or28
embryos.29
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 4 Reproductive material and embryos
Division 5 Posthumous use of reproductive material and embryos
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Subdivision 3 — Obligations of licensees1
78. Use of deceased person’s reproductive material or embryos2
for surviving partner’s reproductive purposes3
A licensee must not use the reproductive material or an embryo4
of a deceased person in an ART procedure performed for the5
reproductive purposes of the deceased person’s surviving6
partner unless —7
(a) that use after the person’s death is expressly permitted8
by the deceased person’s consent or the approval of the9
Board; and10
(b) a medical practitioner has certified that the medical11
practitioner —12
(i) has, after the person’s death, considered the13
matters mentioned in section 21(1) in relation to14
the surviving partner; and15
(ii) considers the ART procedure is appropriate for16
the partner.17
Penalty: a fine of $25 000.18
79. Donation of deceased person’s reproductive material or19
embryos20
(1) This section applies if a deceased person’s consent —21
(a) expressly permits the person’s reproductive material or22
embryos, donated before the person’s death, to continue23
to be used as donated material or donated embryos after24
the person’s death; or25
(b) expressly states that the person’s reproductive material26
or embryos are to be donated after the person’s death.27
(2) A licensee commits an offence if the deceased person’s28
reproductive material or embryos are used other than as donated29
material or donated embryos —30
(a) in accordance with the person’s consent; and31
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Posthumous use of reproductive material and embryos Division 5
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(b) if the deceased person has a surviving partner who is a1
joint intended parent or joint donor of the deceased2
person’s embryos — subject to the partner withdrawing3
consent to the donation, or not consenting to the4
donation, as provided in section 74(4); and5
(c) if the material or embryo is donated after the person’s6
death — for a purpose other than the reproductive7
purposes of any person or couple.8
Penalty for this subsection: a fine of $25 000.9
(3) It is a defence to a charge of an offence against subsection (2)10
for the licensee to prove —11
(a) that it is not clinically appropriate for the reproductive12
material or an embryo to be used for the purpose for13
which it is donated in accordance with the deceased14
person’s consent; or15
(b) if the deceased person did not have a surviving16
partner — the licensee did not know that the deceased17
person had died.18
(4) The licensee must allow the embryos to succumb if —19
(a) as provided in section 74(4), the deceased person’s20
surviving partner withdraws the partner’s earlier consent21
to the donation of the embryos, or does not consent to22
the donation; and23
(b) the surviving partner gives the licensee notice, in24
writing, that the partner does not wish to use the25
embryos for the partner’s reproductive purposes.26
Penalty for this subsection: a fine of $25 000.27
80. Storage of deceased person’s reproductive material or28
embryos pending application to Board29
(1) This section applies if —30
(a) reproductive material is posthumously removed from a31
deceased person’s body; or32