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Chapter Law Content

Title: Assisted Reproduction Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 4 Protection of Reproductive Cells and Embryos
Article 19
Donors shall not request the return of any donated reproductive cells. But where a donor is diagnosed or proven as having a functional impairment of reproduction by a physician, that donor may request the return of any reproductive cells that have not been destroyed.
Article 20
Donated reproductive cells accepted by an assisted reproduction institution may be transferred to another assisted reproduction institution for use in assisted reproduction if the donor's prior written consent is obtained.
Article 21
An assisted reproduction institution shall destroy donated reproductive cells where one of the following conditions is satisfied:
1. The recipient couple has completed one live birth using the donated cells.
2. The cells have been preserved for more than ten years.
3. It has been discovered after donation that the cells are unsuitable for use in assisted reproduction.
An assisted reproduction institution shall destroy a recipient couple's reproductive cells where one of the following conditions is satisfied:
1. The providers of the reproductive cells have asked for their destruction.
2. The providers of the reproductive cells have died.
3. The reproductive cells have been preserved for more than ten years. But the preservation period may be extended to the date assigned by the providers of the reproductive cells if their written consent is obtained.
An assisted reproduction institution shall destroy an embryo created for a specific recipient couple where one of the following conditions is satisfied:
1. The marriage of the recipient couple is invalid or annulled, the couple divorces, or one spouse dies.
2. The embryo has been preserved for more than ten years.
3. The recipient couple has given up attempting assisted reproduction.
The reproductive cells or embryos preserved by an assisted reproduction institution should be destroyed if the assisted reproduction institution terminates its business operations. But such donated reproductive cells may be transferred to another assisted reproduction institution with the donor's written consent. A recipient couple's reproductive cells or embryos may be transferred to another assisted reproduction institution for continued preservation with the recipient couple's written consent.
Any reproductive cells or embryos that should be destroyed as provided in the proceeding four paragraphs may be preserved for research purposes, provided that the written consent of the donor or recipient couple is obtained and permission of the competent authority is granted .
Article 22
An assisted reproduction institution shall not use reproductive cells donated in accordance with this Act, the reproductive cells of the recipient couple, or embryo produced by a recipient couple for any purposes other than assisted reproduction, except for research purposes as provided in Paragraph 5 of the proceeding article.