Human Assisted Reproductive Technology Act 2004

Advice to prospective donors

46 Providers must give advice to prospective donors and prospective guardians

(1)

A provider must ensure that, before a person consents to donating a donated embryo or a donated cell to or through the provider, or to any service performed or arranged by the provider that involves a donated embryo or a donated cell, the person is told the things described in subsection (3).

(2)

Before a provider performs or arranges the performance of a service that may result in the birth of a donor offspring, the provider must ensure that each prospective guardian of the donor offspring is told the things described in subsection (3).

(3)

The things are as follows:

(a)

which information about donors is obtained and kept by providers:

(b)

how long the information is kept:

(c)

why the information is obtained and kept:

(d)

which part of the information is forwarded to, and kept indefinitely by, the Registrar-General:

(e)

the rights given by this Act to donor offspring, the guardians of donor offspring, and other people to obtain information about donors:

(f)

the rights given by this Act to donors and other people to obtain information about donor offspring:

(g)

the importance of telling offspring about the nature of their conception:

(h)

the availability of counselling.

(4)

To avoid any doubt, this section does not limit any right or duty set out in the Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996.