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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(b) all of the following apply —1
(i) a deceased person and the person’s surviving2
partner are joint intended parents of embryos;3
(ii) the deceased person’s consent expressly states4
that the person’s embryos are to be donated,5
either before or after the person’s death;6
(iii) the surviving partner gives the licensee notice, in7
writing, that the partner wishes to use the8
embryos for the partner’s reproductive purposes;9
or10
(c) a deceased person’s consent does not state what is to11
happen to the deceased person’s reproductive material12
or embryos after the person dies.13
Note for this subsection:14
In the circumstances in which this section applies, the approval of the15
Board is required for the deceased person’s reproductive material or16
embryos to be used for the reproductive purposes of the person’s17
surviving partner. See sections 76(1) and 78.18
(2) A licensee may store the material until —19
(a) in the case that the consent of the deceased person’s20
surviving partner is required to store the reproductive21
material or embryos under subsection (3) — the22
surviving partner consents to the storage of the material23
or embryos; or24
(b) the licensee is required to dispose of the material or25
allow the embryos to succumb under section 81(2).26
(3) If the Board approves the deceased person’s reproductive27
material or embryos being used in an ART procedure for the28
reproductive purposes of the person’s surviving partner, the29
partner’s consent is required for the reproductive material or30
embryos —31
(a) to be used in an ART procedure for the partner’s32
reproductive purposes; or33
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Posthumous use of reproductive material and embryos Division 5
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(b) to be stored for the purpose mentioned in paragraph (a);1
or2
(c) if the material or an embryo is no longer required for the3
partner’s reproductive purposes — to be disposed of or4
allowed to succumb.5
81. Disposal of deceased person’s reproductive material or6
embryos7
(1) This section applies if a deceased person’s reproductive material8
or embryos are stored by a licensee under section 80(2).9
(2) The licensee storing a deceased person’s reproductive material10
or embryos must dispose of the material or allow the embryos to11
succumb if —12
(a) the person did not have a surviving partner; or13
(b) in the case of the deceased person’s reproductive14
material — the person’s surviving partner gives the15
licensee notice, in writing, that the partner does not wish16
to use the reproductive material for the partner’s17
reproductive purposes; or18
(c) the Board decides to refuse an application for approval19
to use the deceased person’s reproductive material or20
embryos for the reproductive purposes of the person’s21
surviving partner; or22
(d) in the case of reproductive material posthumously23
removed from a deceased person, all of the following24
apply —25
(i) it has been more than the prescribed period since26
the reproductive material was removed from the27
person;28
(ii) the licensee has taken reasonable steps to contact29
the person’s surviving partner;30
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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(iii) the licensee has not received the notice1
mentioned in paragraph (b), or the consent2
required under section 80(3), from the person’s3
surviving partner.4
Penalty for this subsection: a fine of $25 000.5
(3) The licensee must not act under subsection (2)(c) until —6
(a) if the licensee applies to the State Administrative7
Tribunal for a review of the Board’s decision — the8
licensee receives notice that the State Administrative9
Tribunal confirmed the Board’s decision; or10
(b) otherwise — the day that is 28 days after the day on11
which the Board gave notice of the decision to the12
licensee.13
82. Other storage and disposal of deceased person’s14
reproductive material and embryos15
(1) This section applies to a licensee storing a deceased person’s16
reproductive material or embryos in accordance with —17
(a) the person’s consent; and18
(b) if the deceased person has a surviving partner who is a19
joint intended parent or joint donor of the person’s20
embryos — the surviving partner’s consent.21
(2) The licensee may continue to store the reproductive material or22
embryos in accordance with the consent for a purpose23
mentioned in section 74(2).24
(3) Section 68 continues to apply in relation to the reproductive25
material.26
(4) If the deceased person has a surviving partner, section 6927
continues to apply in relation to the deceased person’s28
reproductive material as though a reference in that section to the29
contributing parent of the material were a reference to the30
surviving partner.31
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Posthumous use of reproductive material and embryos Division 5
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(5) If the deceased person did not have a surviving partner —1
(a) section 69(2) does not apply in relation to the deceased2
person’s reproductive material; and3
(b) section 69(4) applies as if the licensee is required to4
dispose of the person’s reproductive material under that5
subsection when the storage period for the material (as6
defined in section 69(1)) ends.7
(6) Section 70 continues to apply in relation to the embryos.8
(7) If the deceased person has a surviving partner, section 719
continues to apply in relation to the deceased person’s embryos10
as though a reference in that section to each intended parent of11
an embryo were a reference to the surviving partner.12
(8) If the deceased person did not have a surviving partner —13
(a) section 71(2) does not apply in relation to an embryo of14
the person; and15
(b) section 71(5) applies as if the licensee is required to16
allow an embryo of the person to succumb under that17
subsection when the storage period for the embryo (as18
defined in section 71(1)) ends.19
Subdivision 4 — Board approval for use20
83. Board approval to use reproductive material or embryo of21
deceased person22
(1) A licensee may apply to the Board for approval for the licensee23
to use the reproductive material or an embryo of a deceased24
person in an ART procedure for the reproductive purposes of25
the person’s surviving partner (the requested use).26
(2) The deceased person’s surviving partner must consent in writing27
to the application being made.28
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Division 5 Posthumous use of reproductive material and embryos
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(3) In deciding the application, the Board must consider —1
(a) any explicit wishes of the deceased person, either for or2
against the posthumous use of the reproductive material3
or embryo; and4
(b) the deceased person’s intentions in relation to becoming5
a parent; and6
(c) the best interests of a child of the deceased person,7
including, for example, any implications for the child of8
being conceived after the person’s death; and9
(d) any other prescribed requirements.10
(4) The Board may decide —11
(a) to approve the requested use of the reproductive material12
or embryo, with or without conditions; or13
(b) to refuse the application.14
(5) The Board cannot approve the use of the reproductive material15
or embryo for any other purpose.16
(6) Also, the Board —17
(a) can approve the requested use of the deceased person’s18
embryo contrary to the person’s consent only if the19
circumstances mentioned in section 76(2) apply; and20
(b) otherwise, cannot approve the use of the deceased21
person’s reproductive material or embryo if the22
requested use is contrary to the deceased person’s23
consent.24
(7) If the reproductive material was collected when the deceased25
person was under 18 years of age, the Board may approve the26
use of the reproductive material only if —27
(a) the person had reached 18 years of age at the time of28
death; and29
(b) the person’s surviving partner has reached 18 years of30
age.31
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Reproductive material and embryos Part 4
Transferring, exporting and importing reproductive material
and embryos
Division 6
s. 84
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84. Decision to approve posthumous use of reproductive1
material or embryo2
(1) If the Board decides to approve the posthumous use of3
reproductive material or an embryo, the Board must give the4
applicant written notice of the decision.5
(2) The Board must give the notice as soon as practicable after6
making the decision.7
85. Decision to refuse application8
(1) If the Board decides to refuse an application for approval to use9
the reproductive material or an embryo of a deceased person,10
the Board must give the applicant written notice of the decision.11
Note for this subsection:12
See the State Administrative Tribunal Act 2004 section 20(1) for the13
requirement for a person who has the right to have a decision reviewed14
by the State Administrative Tribunal to be given written notice of that15
right.16
(2) If the reproductive material or embryo is stored by a licensee17
other than the applicant, the Board must give a copy of the18
notice to the licensee that is storing the reproductive material or19
embryo.20
Division 6 — Transferring, exporting and importing21
reproductive material and embryos22
86. Transferring reproductive material and embryos between23
licensees24
A licensee must not transfer reproductive material or an embryo25
to another licensee unless —26
(a) each person who is an intended parent of the27
reproductive material or embryo requests the transfer in28
writing; and29
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Part 4 Reproductive material and embryos
Division 6 Transferring, exporting and importing reproductive material
and embryos
s. 87
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(b) in the case of donated reproductive material or a donated1
embryo — the transfer is consistent with the consent2
given by the donor in relation to the reproductive3
material or embryo; and4
(c) the licensee gives the other licensee the prescribed5
information for the transfer.6
Penalty: a fine of $25 000.7
87. Exporting reproductive material and embryos8
A licensee must not export reproductive material or an embryo9
out of the State unless —10
(a) the reproductive material or embryo is being11
exported —12
(i) to a person (the recipient) who lawfully provides13
ART services outside the State; and14
(ii) to be used for a purpose for which it could15
lawfully be used in the State under this Act or an16
Act of the Commonwealth;17
and18
(b) each person who is an intended parent of the19
reproductive material or embryo requests the export in20
writing; and21
(c) in the case of donated reproductive material or a donated22
embryo — the export is consistent with the consent23
given by the donor in relation to the reproductive24
material or embryo; and25
(d) in the case of the reproductive material or an embryo of26
a deceased person (as those terms are defined in27
section 73(1)) —28
(i) if the export is for the reproductive purposes of29
the person’s surviving partner — the use of the30
reproductive material or embryo for this purpose31
complies with section 78; or32
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Transferring, exporting and importing reproductive material
and embryos
Division 6
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(ii) if the export is for purposes related to the1
material or embryo being donated — the export2
complies with section 79(2);3
and4
(e) the licensee provides the prescribed information about5
the reproductive material or embryo to the recipient at6
the time of export.7
Penalty: a fine of $50 000.8
88. Importing reproductive material and embryos9
A licensee must not import reproductive material or an embryo10
into the State unless the licensee —11
(a) is able to comply with the requirements under this Act12
for the storage and use of the reproductive material or13
embryo in the State; and14
(b) for each person who is a donor of the reproductive15
material or, in the case of a donated embryo, each16
person who contributed reproductive material used to17
create the embryo —18
(i) obtains the prescribed information about the19
person’s identity and age; and20
(ii) verifies that the person has reached 18 years of21
age.22
Penalty: a fine of $50 000.23
89. Exemption from export or import requirements24
(1) This section applies in relation to a requirement under25
section 87 or 88, other than the requirement to provide certain26
information to a recipient under section 87(e).27
(2) The requirement does not apply to a licensee to the extent that28
the Board exempts the licensee from the requirement.29
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Part 4 Reproductive material and embryos
Division 6 Transferring, exporting and importing reproductive material
and embryos
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(3) A licensee may apply to the Board for an exemption from the1
requirement in relation to the export or import of specified2
reproductive material or an embryo.3
(4) The Board may decide to grant the exemption or to refuse the4
application.5
90. Export or import prohibited if 5 family worldwide limit6
likely to be exceeded7
(1) A licensee must not export reproductive material or an embryo8
out of the State, or import reproductive material or an embryo9
into the State, if the licensee knows, or ought to have known,10
that using the material or embryo to achieve a pregnancy would11
likely result in the 5 family worldwide limit being exceeded.12
Penalty for this subsection: a fine of $50 000.13
(2) Subsection (1) does not apply if the Board approves the 5 family14
worldwide limit being exceeded in relation to the reproductive15
material or embryo of a specified donor.16
(3) A licensee may apply to the Board for approval to exceed the17
5 family worldwide limit in relation to the export or import of18
the reproductive material or embryo of a specified donor.19
(4) The Board may decide to give the approval or to refuse the20
application.21
91. Prescribed requirements for exporting or importing22
reproductive material and embryos23
The regulations may prescribe additional requirements relating24
to licensees exporting or importing reproductive material and25
embryos.26
Assisted Reproductive Technology and Surrogacy Bill 2025
Reproductive material and embryos Part 4
Offences Division 7
s. 92
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Division 7 — Offences1
92. Prohibition on commercial trading in reproductive material2
and embryos3
(1) In this section —4
reasonable expenses —5
(a) in relation to the supply of reproductive material,6
includes expenses relating to the collection, storage or7
transport of the material; or8
(b) in relation to the supply of an embryo —9
(i) includes expenses relating to the storage or10
transport of the embryo; but11
(ii) does not include any expenses incurred by a12
person before the embryo became excess to the13
needs of the person or another person;14
valuable consideration, in relation to the supply of reproductive15
material or an embryo —16
(a) includes an inducement, discount or priority in relation17
to the supply; but18
(b) does not include the payment of reasonable expenses19
incurred by a person in connection with the supply.20
(2) A person commits a crime if the person —21
(a) offers valuable consideration to another person for the22
supply of reproductive material or an embryo; or23
(b) receives, or offers to receive, valuable consideration24
from another person for the supply of reproductive25
material or an embryo.26
Penalty for this subsection: imprisonment for 15 years and a27
fine of $175 000.28
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Division 7 Offences
s. 93
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93. Restrictions on creating embryos1
(1) A person must not create, or attempt to create, an embryo2
unless —3
(a) the person performs ART procedures as part of an ART4
service provided by a licensee; and5
(b) the creation of the embryo is for the sole purpose of6
achieving, or attempting to achieve, a pregnancy.7
(2) A person who creates, or attempts to create, an embryo in8
contravention of subsection (1) commits a crime.9
Penalty for this subsection: imprisonment for 15 years and a10
fine of $175 000.11
94. Prohibition on cloning12
A person who creates, or attempts to create, an embryo that is a13
genetic copy of a living or deceased human commits a crime.14
Penalty: imprisonment for 15 years and a fine of $175 000.15
95. False or misleading information16
(1) In this section —17
disability has the meaning given in the Disability Services18
Act 1993 section 3;19
health information, about a person, means personal information20
that relates to —21
(a) the health (at any time) of the person; or22
(b) the disability (at any time) of the person; or23
(c) the person’s expressed wishes about the future provision24
of health services to the person; or25
(d) a health service provided, or to be provided, to the26
person;27