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:

  • A donor-conceived person is 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 the City Fertility Centre and the Victorian and New South Wales Central Registers. The information includes all medical and family history, identifying idetails about the gamete donor and the number and genderof persons conceived using the gametes provided by the same gamete donor.
  • Gamete and embryo donors are free to withdraw or vary their consent for donation as indicated in the relevant state legislation or regulations. Donors are entitled to some information about the offspring born. On request, City Fertility Centre can provide non-identifying information about the gamete recipient, including number, age and gender of persons born.
  • The person conceived using donor gametes, and the donors 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, South Australia and Queensland; and 5 women in New South Wales (including their own family).

 

Recipient:

  • Donor recipients are entitled to some information about the gamete donor. Upon request, City Fertility Centre can provide details of a donor’s medical history, family history and genetic test results that are relevant to the future health of the person born and the recipient of the donation, details of the physical characteristics of the gamete donor; and the number, age and gender of persons already born from the gametes provided by the same gamete donor and the number of families involved.

 

Child:

  • Persons born from donated gametes are entitled to know the details of their genetic origins. Therefore, donors must consent to the release of identifying details at City Fertility Centre.

NHMRC ethical guidelines on the use of ART in clinical practice and research 2017:

When City Fertility Centre is approached by a person born from donated gametes who has reached the age of 18, City Fertility Centre must arrange for counselling by a professional with the appropriate training, skills, experience and competency to support their decision-making, prior to providing the following information, as a minimum:

  • Medical history, family history and any existing genetic test results that are relevant to the future health of the person who would be born (or any subsequent offspring of that person) or the recipient of the donation.
  • Details of the physical characteristics of the gamete donor.
  • The number, age and gender of persons already born from the gametes provided by the same gamete donor and the number of families involved.
  • Identifying information about the gamete donor.
  • Any identifying information that any person born from the gametes of the same donor has consented to being released.

 
If the person has not yet reached the age of 18, sufficient maturity must be assessed by a suitably qualified professional prior to releasing the information. For further information about Central Registers in Victoria please refer to www.varta.org.au and in New South Wales please refer to www.health.nsw.gov.au.

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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