TASIn ForceAct
Human Tissue Act 1985
26EMedical examination of stillborn child
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### 26E Medical examination of stillborn child
> > (1) In this section –
> >
> > > ***conditions of parental consent*** means the conditions attached to the consent of a parent of a stillborn child for –
> > >
> > > > > (a) the performance of a medical examination of the stillborn child; or
> > > >
> > > > > (b) the removal of tissue for use for therapeutic, medical or scientific purposes during a medical examination of a stillborn child;
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> > > ***stillborn child*** means a child who is stillborn and –
> > >
> > > > > (a) is at least 20 weeks in gestation; or
> > > >
> > > > > (b) if it cannot be reliably established whether the period of gestation is at least 20 weeks, has a body mass of at least 400 grams at birth.
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> > (2) A designated officer, by instrument in writing, may authorise a medical examination of a stillborn child if a parent of the stillborn child has given consent in writing to the examination.
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> > (3) An authorisation under [subsection (2)](#GS26E@Gs2@EN) is authority for a medical practitioner, other than the designated officer who gave the authorisation, to –
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> > > > (a) perform, in accordance with the conditions of parental consent, the medical examination of the stillborn child specified in the authorisation; and
> > >
> > > > (b) remove such tissue from the stillborn child during the medical examination as is necessary for medical testing.
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> > (4) A designated officer, by instrument in writing, may authorise the removal of tissue for use for therapeutic, medical or scientific purposes during a medical examination of a stillborn child if a parent of the stillborn child has given written consent for the tissue to be removed for use for therapeutic, medical or scientific purposes.
>
> > (5) An authorisation under [subsection (4)](#GS26E@Gs4@EN) is authority for –
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> > > > (a) a medical practitioner, other than the designated officer who gave the authorisation, to remove, in accordance with the conditions of parental consent, tissue from a stillborn child during a medical examination in accordance with the authorisation; and
> > >
> > > > (b) the removed tissue to be used, in accordance with the conditions of parental consent, for therapeutic, medical or scientific purposes.
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> > (6) The consent of a parent of a stillborn child to a medical examination of the stillborn child, or to the removal of tissue for use for therapeutic, medical or scientific purposes from the stillborn child, may be given conditionally or unconditionally.
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> > (7) If the same tissue is required for medical testing and for therapeutic, medical or scientific purposes, the tissue is to be used for medical testing first.