Considering IVF, donor treatment or surrogacy overseas?

"We decided to do anonymous egg donation in Spain. Although anonymous egg donation worked for us; with everything we know now we probably would have done things differently. Knowing that your child won't have access to half their genetic history is something you really need to think about". Adam

If you are thinking about undertaking IVF, donor treatment or surrogacy in another country, make sure you are aware of the laws and regulations of that country. Regulation of assisted reproductive treatment varies between countries. Some countries have quite strict regulation while others have none. The unregulated environments that occur in some countries can pose potentially serious risks or disadvantage for all parties involved – in particular, for resulting children. VARTA strongly encourages people considering surrogacy or donor treatment abroad to discuss options for local treatment.

Benefits of local treatment

Treatment with an Australian surrogate or donor:

is a medically safe and controlled option.
ensures thorough preparation of all parties
is less disruptive than having to travel abroad. It is also easier to access support from local family and friends.
communication in English ensures all parties involved are fully informed and understand the implications
is often cheaper
has the benefit of legal protections that ensure that the person can be known to your potential child and to you
is more likely to have a similar value set, cultural background, and language to your own
limits the number of women who can be treated by a donor in Victoria to ten under legislation. Family limits are also in place in other Australian states. International commercial egg and sperm banks do not have such limits, so very large numbers of children can be created from the same donor
poses fewer legal challenges regarding immigration, citizenship, and recognition of parentage
gives greater opportunity to be involved at all stages: not only prior to conception, but from embryo transfer to delivery
enables communication and ongoing contact if desired between the surrogate, parents and child born

Finding a surrogate

Finding an egg donor

Domestic surrogacy arrangement legal checklist

The value of having information about your donor: Brin's story

Taking eggs, sperm or embryos overseas

If you have eggs, sperm or embryos in storage in Victoria and wish to move them overseas, you need to contact the clinic where they are stored to arrange transport to another country.

To export donor eggs, donor sperm or embryos formed from donor eggs or sperm to another country from Victoria, you need to apply to VARTA for approval. When considering an application for export, VARTA must be satisfied that the way in which the eggs, sperm or embryos will be used overseas and is consistent with the way they could be used under Victorian legislation.

Get information about treatment in your chosen country

Before making a decision about treatment overseas, it is important to seek as much information as possible about the treatment practices in the country you have chosen. Our Patient & Physician Prompters will help you with questions to ask doctors and clinics.

If accessing donor or surrogate treatment, VARTA recommends intended parents ask agencies for information about the surrogate/donor, including medical history, and whether contact and/or information exchange between the surrogate/donor and the parents/child is possible. We also recommend making a written agreement about what information will be provided about the surrogate/donor and how future contact might be arranged.

International surrogacy arrangement legal checklist

The value of having information about your donor: Brin's story

Patient & Physician Prompters

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A local clinic can advise you about treatment options - it may be easier, less risky and cheaper than heading abroad. Local treatment also offers legal protections that may not be available overseas.

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