Legal considerations for new donors

"I have registered with the Voluntary Register here in Victoria. I've indicated that I am prepared to be contacted if and when my offspring seek to do so. I have also written a letter to my unknown offspring and have lodged that." Ian

It is important to understand the legal implications of your decision to donate your sperm, eggs, or embryos - even if you know to whom you are donating. You may wish to seek legal advice before proceeding.

Donors, recipients, and the people born as a result of donation have rights and responsibilities under Victorian law. For new donors currently:

  • a person born from a donation made from 1998 has the right to obtain identifying information (name, date of birth, and address) about their donor once they reach 18 years of age (or younger if a VARTA counsellor considers them sufficiently mature or they have parental or guardian consent). Parent(s) of donor-conceived people can apply for information but the donor needs to consent to the release of their information before it can be provided to parents
  • all donors and people having donor treatment are required to have counselling before they proceed
  • people seeking treatment cannot be discriminated against on the basis of their sexual orientation, marital status, or religion; therefore, donation may be used for single or same-sex couples
  • it is illegal to be paid for donating although a donor may be reimbursed for expenses e.g. travel.

As a donor, it is important that you consider the following regulations about donating:

Tip

It is very important for donors to update their contact details with VARTA and the clinic where they donated, and to inform them if they, or a close family member, have a genetic disease which might be passed onto the offspring created from their donation.