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Assisted Reproductive Treatment Act 2008
63CContact preference for pre-1998 donors
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63C Contact preference for pre-1998 donors
S. 63C(1) amended by No. 39/2024 s. 38(1).
(1) If an application is made for the disclosure of identifying information about a pre-1998 donor, the donor may lodge with the Donor Conception Registrar either or both of the following—
(a) a written statement setting out the donor's wishes about being contacted by the applicant for the disclosure of the information;
(b) a written statement setting out the donor's wishes about the donor's child being contacted by the applicant for the disclosure of the donor's information.
(2) A contact preference lodged under subsection (1) must be in the form approved by the Secretary.
S. 63C(3) amended by No. 39/2024 s. 38(1).
(3) A contact preference lodged under subsection (1) must be lodged with the Donor Conception Registrar before the first day on which there is contact between the donor and the applicant to whom the contact preference relates.
(4) A contact preference lodged under subsection (1)(a) may state either that—
(a) the pre-1998 donor does not wish to be contacted by the applicant; or
(b) the donor wishes any contact with the applicant to occur only in a specified way.
(5) A contact preference lodged under subsection (1)(b) may state either that—
(a) the pre-1998 donor does not wish the child to be contacted by the applicant; or
(b) the donor wishes any contact between the child and the applicant to occur only in a specified way.
S. 63C(6) amended by No. 39/2024 s. 38(1).
(6) If a pre-1998 donor lodges a contact preference under subsection (1)(b), the Donor Conception Registrar may—
(a) have regard to the child's wishes in relation to the lodgement of the contact preference; and
S. 63C(6)(b) amended by No. 39/2024 s. 38(1).
(b) if the child's wishes in relation to the lodgement are different from the pre‑1998 donor's, comply with the donor's wishes only if the Donor Conception Registrar considers it reasonable in the circumstances.
S. 63C(7) substituted by No. 39/2024 s. 38(2).
(7) As soon as practicable after a contact preference is lodged under subsection (1), the Donor Conception Registrar must give the applicant a copy of the contact preference lodged.
S. 63C(8) amended by No. 39/2024 s. 38(3).
(8) The Donor Conception Registrar must maintain records of contact preferences lodged under subsection (1).
S. 63D inserted by No. 6/2016 s. 23.