Assisted Reproductive Technology Act 2007 (NSW)

Assisted Reproductive Technology Act 2007 No 69

An Act relating to the regulation of assisted reproductive technology services, the registration of assisted reproductive technology service providers and the prohibition of commercial surrogacy; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Assisted Reproductive Technology Act 2007.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Objects of Act The objects of this Act are— (a) to prevent the commercialisation of human reproduction, and (b) to protect the interests of the following persons— (i) a person born as a result of ART treatment, (ii) a person providing a gamete for use in ART treatment or for research in connection with ART treatment, (iii) a woman undergoing ART treatment.

4 Definitions (1) In this Act— adult means a person who is not a child. approved form means a form approved by the Secretary. ART provider means a person who provides ART services and includes a registered ART provider, but does not include a person who provides ART services on behalf of a registered ART provider either under contract or in the course of the person's employment by the registered ART provider. ART service means any one or more of the following services, treatments or procedures that is provided for fee or reward or provided in the course of a business (whether or not for profit)— (a) an ART treatment, (b) the storage of gametes and embryos for use in ART treatment, (c) the obtaining of a gamete from a gamete provider for use in ART treatment or for research in connection with ART treatment. ART treatment means assisted reproductive technology treatment, being any medical treatment or procedure that procures or attempts to procure pregnancy in a woman by means other than sexual intercourse, and includes artificial insemination, in-vitro fertilisation, gamete intrafallopian transfer and any related treatment or procedure that is prescribed by the regulations. central register means the central register established under Part 3. certificate of authority means the certificate of authority issued to an inspector by the Secretary under Part 5. child means a person who is under the age of 18 years and not married. Department means the Ministry of Health. donated embryo—see section 4B. donated gamete—see section 4B. donor means the gamete provider from whom a donated gamete has been obtained. embryo means the single entity formed by the combination of a human sperm and a human ovum until the time it is implanted in the body of a woman. exercise a function includes perform a duty. full name, in relation to a gamete provider who is a donor, includes each name by which the gamete provider is or has been known. function includes a power, authority or duty. gamete means a human sperm or a human ovum.