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Legalities and Requirements

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The City Fertility 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 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

Legal Considerations

There are legal considerations that need to be understood for anyone donating or receiving donated gametes or embryos.

Therefore, carefully read the information presented in this section.

City Fertility Centre encourages all individuals/ couples to seek independent legal advice before attending the donor program.

Donor

  • Donor conceived persons 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 the City Fertility Centre and the Victorian/NSW Central registers. The information includes all medical and family history, identifying information about the gamete donor and the number and sex of 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 sex of persons born.
  • Further information for Victoria can be found on VARTA website www.varta.org.au and for New South Wales on NSW Health Website (Central Register) www.health.nsw.gov.au
  • Persons conceived using donor gametes, and the donors of gametes, need to be protected from the consequences of having many siblings and offspring, respectively. Gamete donor is able to donate up to 10 families in SA and QLD, 5 women in NSW and 10 women in Victoria (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 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 sex of persons already born from the gametes provided by the same gamete donor and the number of families involved.

 

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 release of identifying details at City Fertility Centre.

For further information about central registers in Victoria please refer to www.varta.org.au and in NSW please refer to www.health.nsw.gov.au

Donor Reimbursement

In Australia, the donation of reproductive tissue must be altruistic. It is an offence for someone to intentionally give or offer valuable consideration to another person for the supply of a human egg, human sperm or a human embryo. It is also an offence for a person to intentionally receive, or offer to receive, valuable consideration from another person for the supply of a human egg, human sperm or a human embryo. However, this does not include the reimbursement of reasonable, verifiable out-of-pocket expenses incurred by a person in connection with the supply of a human egg, human sperm or human embryo.

Surrogacy Program

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

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

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