Are You Thinking Of Using A Donor?
Your decision to have children with the help of donated eggs, sperm or embryos is a lifelong one. It will be the result of a long process of consultation and discussion with many people.
Your doctor and the counsellor at your clinic will provide you with medical information about using donated eggs, sperm or embryos and can help you explore the social and emotional concerns that may be associated with your decision.
There are also legal consequences that result from using donated eggs, sperm or embryos. Donors, recipients and donor-conceived people all have legal rights and responsibilities, which are outlined in Victorian legislation. For example:
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The clinic treating you must report all births involving donor procedures to the Victorian Registry of Births, Deaths and Marriages.
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You and your partner (if you have one) will be identified as the parents of the donor-conceived child
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If both you and the donor consent to the release of identifying information from the Central Register, you can choose to have contact with each other.
It is important that you understand the legal implications of your decision even if you already know the donor(s).
Recipients and donors have the right to information under certain conditions. The clinic that you attend is required by law to keep specific information about:
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You and your partner (if you have one)
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The donor(s) of the eggs, sperm or embryos
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The child born as a result of the treatment.
The Victorian Registry of Births, Deaths and Marriages also maintains a register of children born from donated sperm, eggs or embryos. This Central Register contains information about you, your partner (if you have one), the donor(s) and the donor-conceived child. The register makes it possible to exchange information between donor(s), parents and donor-conceived people.
For more information about the Central and Voluntary Registers, visit the Victorian Registry of Births, Deaths and Marriages.
The Law
The Assisted Reproductive Treatment Act 2008 is an Act of Parliament that governs the use of assisted reproductive treatment and artificial insemination procedures in Victoria. The main purpose of the Act is to protect the welfare and interests of donor-conceived children.
The Act also seeks to ensure that the health and wellbeing of persons undergoing treatment procedures is protected; that treatment procedures are not used to exploit the reproductive capabilities of men and women or children born; that children born as a result of the use of donated gametes have a right to information about their genetic parents; and that persons seeking to undergo treatment procedures are not discriminated against on the basis of their sexual orientation, marital status, race, or religion.
The Act states what information must be kept about donors, recipients, and their offspring, and places strict control on how this information may be used. The Central and Voluntary Registers are managed by the Victorian Registry of Births, Deaths and Marriages. You can obtain further information from their website.
Consent
You must be aware of various consent provisions in the Act. These provisions relate to withdrawal of consent; what happens in the event of death; permission for a child protection order check to be carried out; and other matters. Consent must also be accompanied by a statement from a counsellor that a criminal records check has been sighted and considered. These consent provisions must be discussed in the course of counselling, before you give consent to treatment, and in the consent forms that you sign.
Other useful contacts
Donor Conception Support Group
ACCESS (national consumer group)
