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Consent for Use of Human Reproductive Material and In Vitro Embryos Regulations

Version of section 12 from 2007-12-01 to 2019-12-25:


 Before a person makes use of an in vitro embryo, the person shall have a document signed by the donor of the embryo stating that, before consenting to the use of the embryo, the donor was informed in writing that

  • (a) the in vitro embryo will be used in accordance with the donor’s consent for one or more of the following purposes, namely,

    • (i) the donor’s own reproductive use,

    • (ii) the reproductive use of a third party,

    • (iii) improving assisted reproduction procedures,

    • (iv) providing instruction in assisted reproduction procedures, or

    • (v) a specific research project, the goal of which is stated in the consent;

  • (b) if the donor wishes to withdraw their consent, the withdrawal must be in writing; and

  • (c) the withdrawal is effective only if the person who intends to make use of the in vitro embryo is notified in writing of the withdrawal

    • (i) in the case of an in vitro embryo to be used for the purpose mentioned in subparagraph (a)(i), before the use of the embryo,

    • (ii) in the case of an in vitro embryo to be used for the purpose mentioned in subparagraph (a)(ii), before the third party acknowledges in writing that the embryo has been designated for their reproductive use,

    • (iii) in the case of an in vitro embryo to be used for the purpose mentioned in subparagraph (a)(iii), before the later of the following occurrences, namely,

      • (A) the person acknowledges in writing that the in vitro embryo has been designated for improving assisted reproduction procedures, and

      • (B) the beginning of the process of thawing the in vitro embryo for the purpose of improving assisted reproduction procedures,

    • (iv) in the case of an in vitro embryo to be used for the purpose mentioned in subparagraph (a)(iv), before the later of the following occurrences, namely,

      • (A) the person acknowledges in writing that the in vitro embryo has been designated for providing instruction in assisted reproduction procedures, and

      • (B) the beginning of the process of thawing the in vitro embryo for the purpose of providing instruction in assisted reproduction procedures, and

    • (v) in the case of an in vitro embryo to be used for the purpose mentioned in subparagraph (a)(v), before the latest of the following occurrences, namely,

      • (A) the person acknowledges in writing that the in vitro embryo has been designated for research,

      • (B) the beginning of the process of thawing the in vitro embryo for the purpose of research, and

      • (C) the creation of a stem cell line using the in vitro embryo.


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