Legal Implications

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

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

Donor:

• A donor-conceived person is entitled to know their genetic parents, should they want this information, once they turn 18. Therefore, donors must consent to their identifying information being held by City Fertility and the Victorian and New South Wales Central Registers and The Department of Health Western Australia. 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. In the event of being contacted by a person born from donated gametes, City Fertility will reasonably notify the gamete donor before releasing information.
• As indicated in the relevant state legislation or regulations, gamete and embryo donors are free to withdraw or vary their consent for donation. Donors are entitled to some information about the offspring born. On request, City Fertility can provide non-identifying information about the gamete recipient, including the number, age and gender of persons born.
•  Donors must inform City Fertility of changes of address, phone numbers and domiciliary status in writing.
• 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. Under the legislation, a donor can donate to 10 women in Victoria and 5 in New South Wales (this includes the donor and any current or former partner of the donor). In Queensland, donations can not create more than 10 families, including your own, in any accredited ART provider. In Western Australia, laws relating to donor-assisted conception limit donors to a maximum of five families through donation. Please note that there may be more than one child per family.

Recipient:

• Donor recipients are entitled to some information about the gamete donor. Upon request, City Fertility 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 release identifying details at City Fertility.

NHMRC ETHICAL GUIDELINES ON THE USE OF ART IN CLINICAL PRACTICE AND RESEARCH 2017:

• 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 the 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 be released.

Suppose the person has yet to reach the age of 18. In that case, sufficient maturity must be assessed by a suitably qualified professional before releasing the information. For further information about Central Registers in Victoria, please refer to www.varta.com.au, and in New South Wales, please refer to www.health.nsw.gov.au. In Western Australia, please refer to www.health.wa.gov.au.