What to consider when receiving or donating sperm or eggs in Australia

In Australia, there is a process to receive donor eggs or sperm that ensures the donor, the recipient/s, and the child born from such donations are protected. Australia does not have federal legislation concerning the use of donations; however, each state or territory has created their own rules that apply when accessing donor gametes or donor embryos. State laws, NHMRC Ethical Guidelines, and the Reproductive Technologies Accreditation Counsel (RTAC) Code of Practice all apply rules when donating or receiving donor eggs or sperm.

Important information to consider when receiving or donating:

  • Only altruistic donation is permissible, meaning payment of any kind for donation is not allowed within Australia.
  • Potential donors and recipients must receive adequate information about the medical, social, psychological and legal implications of the donation or receiving of donation.
  • Potential donors must undergo screening testing for infectious diseases.
  • Recipients are entitled to access information about the donor’s medical history, physical characteristics (this does not include a photo of the donor), and the number and sex of previous children born from that donor.
  • Children born as a result of donation have the right to access information about the donor/s, including identifying information.
  • Fertility clinics are obliged to maintain detailed records, including records with both identifying and non-identifying information, of donors, recipients, and children born as a result of such donations.
  • The donor does not bear any legal responsibility for any child born as a result of donation.
  • There is a limit on the total number of families that can be created using any one donor. Across Australia the total number of families created from one donor varies between 5 – 10 families depending on state regulations. This total number includes the donor’s own family.

How donation works in the ACT

Within the ACT, parents who access donor eggs or sperm are granted the same parenting rights as those couples who naturally conceive. This means that the domestic partner of the recipient is presumed to be a parent of any child born from the use of donated eggs or sperm. The donor is presumed not to be a parent of any child born and has no legal rights or responsibilities over the child.

Also, there is no central donor registry, however children born of donation are still entitled to access both identifying and non-identifying information when they turn 18 years old, as established by the NHMRC Ethical Guidelines.

Not ready to commit to a donation? Consult our egg freezing specialist

If you aren’t ready to commit to utilising a donor egg or sperm at this time, but still want the possibility of conceiving in the future, consider freezing eggs for fertility preservation. With expert guidance from Dr Steven Adair, you can explore which option is best suited to your needs.

There are three fertility preservation options currently available in Australia, offered to women and transgender men, which are:

  • Egg freezing
  • Embryo freezing
  • Ovarian tissue freezing

Contact us for guidance throughout the process

With many complex regulations and important options to consider, it’s helpful to have an expert to talk to. Fertility specialist Dr Steven Adair and his team in Canberra are here to help you choose the best donation pathway. Contact us today on (02) 6163 9677 to book a consultation with Steven.

Get in touch

Whether it’s to book a consultation or discuss options, Dr Steven Adair and his team would love to hear from you.

For all appointments and enquiries, send us a message by filling out the enquiry form or call (02) 6163 9677.

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