Legal Implications

There are legal implications that need to be understood for anyone donating or receiving donated gametes or embryos. Therefore, carefully read the information presented in this section.

Sperm Donors Australia and City Fertility Centre encourage all individuals/couples to seek independent legal advice before attending the donor program.

 

Donor:

  • Donor-conceived people are entitled to know who their genetic parents are, should they want this information, once they turn the age of 18. Therefore, donors must consent to their identifying information being held by City Fertility Centre and the Victorian and New South Wales Central Registers. The information includes all medical and family history, identifying information about the gamete donor and the number and gender of persons conceived using the gametes provided by the same gamete donor. For further information about the Victorian Central Register, please refer to varta.org.au/donor-conception; for NSW, see health.nsw.gov.au/the-central-register.
  • Sperm donors are free to withdraw at any time unless the sperm has already been used; the term “used” includes the creation of an embryo via a donated sperm and donor insemination procedure. NOTE: In Victoria, for removal of embryos from storage, written consent must be provided by both of the people who produced the gametes from which the embryos are formed.
  • Donors are entitled to some information about the offspring born. On request, City Fertility Centre can provide non-identifying information about live births, gender of the child, the number of children and any abnormalities.
  • In Australia, gamete donation must be altruistic. Commercial trading in human gametes and/or the use of direct or indirect inducements must not be undertaken. The reimbursement of reasonable out-of-pocket expenses associated with the procedures is acceptable. For more information about reimbursement for clinic-recruited sperm donors, please refer to the reimbursement section of this website.
  • The person conceived using donor gametes, and the donor of gametes, need to be protected from the consequences of having many siblings and offspring, respectively. A gamete donor is able to donate to 10 women in Victoria and South Australia and 5 women in New South Wales (this includes the donor and any current or former partner of the donor). In Queensland, there is no legislated limit for donations, however, City Fertility Centre has set a limit of 10 donations as its policy position. Donors who have donated elsewhere before may be accepted to the program provided the total state family limit has not been reached.
  • The woman giving birth is regarded as the mother of any child born. The recipient couple are the legal parents of the child, with parental rights and responsibilities. The donor is not the legal father of the child.

 

Recipient:

  • Recipients are entitled to some information about the gamete donor. Upon request, City Fertility Centre can provide details of the past medical and family history as well as the physical characteristics of the gamete donor, and the number and gender of people conceived using gametes from the same donor.

 

Child:

  • People conceived using donated gametes are entitled to know their genetic parents, should they want this information, once they turn the age of 18. Therefore, donors must consent to the release of identifying details at City Fertility Centre.

 

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Please be advised that Donation of Reproductive Tissue in Australia must be Altruistic
City Fertility Centre is accredited by a Joint Accreditation System of Australia and New Zealand (JAS-ANZ) Certification Body in accordance with the Reproductive Technology Accreditation Committee (RTAC) Certification Scheme
Approved by the Queensland Minister for Health for advertisement in Queensland