Legalities and Requirements

man-with-ipad
The City Fertility Centre Donor Program encompasses all donated gametes (eggs and sperm) as well as donated embryos. There are legal implications that need to be understood by anyone donating or receiving gametes or embryos. Therefore, carefully read the information presented in this section. 

City Fertility Centre encourages all individuals and couples to seek independent legal advice before taking part in the donor program.

 

Legalities and Requirements for Donors, Recipients and Children Born from Donor Gametes, and for our Surrogacy 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 or New South Wales Central Register. The information includes all medical and family history, identifying details about the gamete donor, and the number and gender of people conceived using the gametes provided by the same donor. For further information about central registers in Victoria, please refer to varta.org.au; for NSW, please refer to health.nsw.gov.au.
  • Gamete donors are free to withdraw at any time unless the gametes have already been used; the term “used” includes the creation of an embryo with a donated gamete. Embryo donors are free to withdraw from the process up until the embryo has been transferred into the uterus of the recipient. 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 were formed.
  • Donors are entitled to some information about the offspring born. On request, City Fertility Centre can provide non-identifying information about live births, the 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.  
  • The person conceived using donor gametes, and the donor, need to be protected from the consequences of having many siblings and offspring, respectively. A gamete donor is able to donate to up to 10 women in Victoria and South Australia and five women in New South Wales (this includes 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 as its policy position. Anyone who has donated elsewhere before may be accepted to the program provided the total state family limit has not been reached. Please note: it is City Fertility Centre policy that a clinic-recruited egg donor is able to donate to 5 women in total.
  • 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 medical and family history, information about the physical characteristics of the gamete donor, and the number and gender of people conceived using gametes donated by the same gamete donor.
  • 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.
  • 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.
  • People wishing to have assisted reproductive treatment in Victoria must undergo checks for a criminal record and child protection order.
  • In South Australia, according to the state legislation, females (single women or lesbian couples) can only access Assisted Reproductive Technology services if it appears to be unlikely that, in the person’s circumstances, the person will become pregnant other than by an assisted reproductive treatment; or if there appears to be a risk that a serious genetic defect, serious disease or serious illness would be transmitted to a child conceived naturally.

 

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.

 

Surrogacy Program

Legal advice is compulsory in all surrogacy cases. The commissioning parent(s), the surrogate and her partner (if applicable) will be required to organise separate appointments to obtain independent legal advice. The commissioning parent(s) and surrogate must obtain advice from separate legal advisors.

Please consider the following:

  • In Australia, surrogacy must be altruistic; commercial surrogacy is illegal.
  • In South Australia, surrogacy is permitted only for the commissioning parents who are legally married or in a registered relationship; or have lived together continuously in a marriage-like relationship (irrespective of their sex or gender identity) for a period of three years.
  • In Victoria, traditional surrogacy is not permitted.

It is important to note that each state has different legislation in regard to surrogacy, so please refer to your own state Surrogacy Act for more information.

 

Make an Enquiry


Please leave this field empty.

I have read and agree to the terms of City Fertility Centre's Privacy Collection Statement and Privacy Policy.

Find Your Clinic

Sign Up For Our Newsletter


Please leave this field empty.



I have read and agree to the terms of City Fertility Centre's Privacy Collection Statement and Privacy Policy