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Research Involving Human Embryos and Prohibition of Human Cloning for Reproduction Act 2003
sec.16Offence—placing a prohibited embryo
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### sec.16 Offence—placing a prohibited embryo
A person commits an offence if the person intentionally places an embryo in the body of a woman knowing that, or reckless as to whether, the embryo is a prohibited embryo.
Maximum penalty—15 years imprisonment.
In this section—
prohibited embryo means—
a human embryo created by a process other than the fertilisation of a human egg by human sperm; or
a human embryo created outside the body of a woman, unless the intention of the person who created the embryo was to attempt to achieve pregnancy in a particular woman; or
a human embryo that contains genetic material provided by more than 2 persons; or
a human embryo that has been developing outside the body of a woman for a period of more than 14 days, excluding any period when development is suspended; or
a human embryo created using precursor cells taken from a human embryo or a human fetus; or
a human embryo that contains a human cell (within the meaning of section 11 ) whose genome has been altered in such a way that the alteration is heritable by human descendants of the human whose cell was altered; or
a human embryo that was removed from the body of a woman by a person intending to collect a viable human embryo; or
a chimeric embryo or a hybrid embryo.
s 16 sub 2007 No. 45 s 7
(sec.16-ssec.1) A person commits an offence if the person intentionally places an embryo in the body of a woman knowing that, or reckless as to whether, the embryo is a prohibited embryo. Maximum penalty—15 years imprisonment.
(sec.16-ssec.2) In this section— prohibited embryo means— a human embryo created by a process other than the fertilisation of a human egg by human sperm; or a human embryo created outside the body of a woman, unless the intention of the person who created the embryo was to attempt to achieve pregnancy in a particular woman; or a human embryo that contains genetic material provided by more than 2 persons; or a human embryo that has been developing outside the body of a woman for a period of more than 14 days, excluding any period when development is suspended; or a human embryo created using precursor cells taken from a human embryo or a human fetus; or a human embryo that contains a human cell (within the meaning of section 11 ) whose genome has been altered in such a way that the alteration is heritable by human descendants of the human whose cell was altered; or a human embryo that was removed from the body of a woman by a person intending to collect a viable human embryo; or a chimeric embryo or a hybrid embryo.
- (a) a human embryo created by a process other than the fertilisation of a human egg by human sperm; or
- (b) a human embryo created outside the body of a woman, unless the intention of the person who created the embryo was to attempt to achieve pregnancy in a particular woman; or
- (c) a human embryo that contains genetic material provided by more than 2 persons; or
- (d) a human embryo that has been developing outside the body of a woman for a period of more than 14 days, excluding any period when development is suspended; or
- (e) a human embryo created using precursor cells taken from a human embryo or a human fetus; or
- (f) a human embryo that contains a human cell (within the meaning of section 11 ) whose genome has been altered in such a way that the alteration is heritable by human descendants of the human whose cell was altered; or
- (g) a human embryo that was removed from the body of a woman by a person intending to collect a viable human embryo; or
- (h) a chimeric embryo or a hybrid embryo.