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

3 Before a person makes use of human reproductive material for the purpose of creating an embryo, the person shall have a document signed by the donor of the material stating that, before consenting to the use of the material, the donor was informed in writing that

• (a) subject to paragraph (b), the human reproductive material will be used in accordance with the donor’s consent to create an embryo for one or more of the following purposes, namely,

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

  • (ii) following the donor’s death, the reproductive use of the person who is, at the time of the donor’s death, the donor’s spouse or common-law partner,

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

  • (iv) improving assisted reproduction procedures, or

  • (v) providing instruction in assisted reproduction procedures;

• (b) if the human reproductive material is to be removed from the donor’s body after the donor’s death, the material will be used in accordance with the donor’s consent to create an embryo for one or more of the following purposes, namely,

  • (i) the reproductive use of the person who is, at the time of the donor’s death, the donor’s spouse or common-law partner,

  • (ii) improving assisted reproduction procedures, or

  • (iii) providing instruction in assisted reproduction procedures;

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

• (d) the withdrawal is effective only if the person who intends to make use of the human reproductive material is notified in writing of the withdrawal

  • (i) in the case of human reproductive material to be used to create an embryo for a purpose mentioned in paragraph (a) or (b), other than subparagraph (a)(iii), before the material is used, and

  • (ii) in the case of human reproductive material to be used to create an embryo for the purpose mentioned in subparagraph (a)(iii),

    • (A) before the third party acknowledges in writing that the material has been obtained for their reproductive use, or

    • (B) if the material to be used has not yet been removed or collected but the third party has acknowledged in writing that the material is to be obtained for their reproductive use, before the removal or collection;

• (e) the number of in vitro embryos created with the human reproductive material may be in excess of the immediate reproductive needs of the individual or couple for whom they were created;

• (f) if the human reproductive material is used to create in vitro embryos for a third party’s reproductive use and there are in vitro embryos in excess of the third party’s reproductive needs, the excess in vitro embryos will be used in accordance with the third party’s consent and, if the use is providing instruction in assisted reproduction procedures, improving assisted reproduction procedures or other research, the consent of the donor in accordance with section 4 or 4.1;

• (g) if the human reproductive material is used to create in vitro embryos for the reproductive use of the person who, at the time of the donor’s death, is the donor’s spouse or common-law partner and there are in vitro embryos in excess of the spouse or common-law partner’s reproductive needs, the excess in vitro embryos will be used in accordance with the spouse or common-law partner’s consent and, if the use is providing instruction in assisted reproduction procedures, improving assisted reproduction procedures or other research, the consent of the donor in accordance with section 4 or 4.1;

• (h) if the human reproductive material is used to create in vitro embryos for the reproductive use of a third party who is a couple, along with human reproductive material from an individual who is a spouse or common law partner in the couple, the use of the in vitro embryos will be subject to the consent of that individual alone if, prior to the use of the in vitro embryos, the individual is no longer a spouse or common-law partner in the couple; and

• (i) if the donor consents to the human reproductive material being used to create an in vitro embryo for the purpose of providing instruction in assisted reproduction procedures or improving assisted reproduction procedures, no additional consent from the donor is required to permit the use of the embryo for that purpose.