Legalities & requirements for donors

• 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 and the Victorian/NSW/WA 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 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 the Department of Health (DOH) website health.vic.gov.au and for New South Wales on NSW Health Website (Central Register) health.nsw.gov.au
  For Western Australia on health.wa.gov.au
• 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. Gamete donors are able to donate up to 10 individuals in VIC, 10 families in QLD, 5 families in NSW (this includes the donor and any current or former partner of the donor) and 5 families (excluding the donors family) worldwide in WA.

Donor recipients are entitled to some information about the gamete donor. Upon request, City Fertility 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 and details of the physical characteristics of the gamete donor.

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.

For further information about central registers in Victoria please refer to health.vic.gov.au and in NSW please refer to health.nsw.gov.au. Alternatively for Western Australia on health.wa.gov.au.

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.

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.