Queensland Government Passes New Donor Laws Regulating Assisted Reproductive Technology

Queensland has passed new laws overnight regulating the Assisted Reproductive Technology (ART) industry, specifically addressing key issues to assist people conceived via a donor in Queensland.

The legislation, which includes a $7.9 million donor conception information register, is set to enhance transparency, improve safety, and ensure the well-being of people undergoing ART and those born as a result.

Assisted Reproductive Technology law reforms to assist those conceived via donors

Overnight Steven Miles and the Labor government have passed laws to provide enhanced protection to the Assisted Reproductive Technology industry in Queensland and also to provide more protection and information for those who have been conceived via donors in Queensland.

The changes to the legislation will see firmer regulations on the industry, limit the number of families who can use a particular donor to ten and introduced a retrospective donor conception information register to help those conceived to have more access to their history and health information.

Premier Steven Miles hailed the laws as a vital step forward, saying, “This is landmark legislation that will make a real difference to Queenslanders. The laws will ensure Queensland families have confidence in the industry through enhanced safeguards and will give donor-conceived people a greater understanding of their genetic origins.”

The legislation introduces a rigorous framework designed to hold ART providers accountable through a variety of regulatory measures.

Queensland Health will now have powers to inspect facilities, issue improvement notices, and even suspend or cancel licenses of non-compliant providers.

These changes aim to ensure that the welfare of those born via ART, as well as those undergoing treatment, is always prioritised.

For many in the LGBTQIA+ community, who may require assisted reproductive services to build their families, the laws provide enhanced security and transparency.

Families relying on sperm, egg, or embryo donation can now expect higher standards of care and protection through the law reforms.

Donor conception information register

A key element of the reforms is the creation of the retrospective donor conception information register, which allows donor-conceived individuals to access detailed information about their genetic origins.

This is a significant advancement, giving individuals the right to know more about their ancestry.

Minister for Health and Women Shannon Fentiman explained, “It’s crucial that donor-conceived people have the opportunity to understand their genetic heritage – that’s why the information register will be so important for so many Queenslanders.”

The register will also limit the number of families who can use the same donor to ten, aligning Queensland with other states like Victoria and South Australia. This move addresses concerns about the potential social implications of having many genetic siblings, while still ensuring access to donor gametes for those who need them.

Fentiman further emphasised the emotional support aspects of the new system: “This register will provide families with a clearer picture of their donor. Importantly, it will offer counselling services to support applicants through this emotionally sensitive process.”

In addition to giving donor-conceived individuals access to their genetic background, the legislation imposes new ethical guidelines on ART providers. These include prohibitions on sex selection (except for medical reasons), bans on using gametes from closely related individuals, and restrictions on ART treatments for minors, except in rare cases for future use.

For the Attorney-General and Minister for Justice Yvette D’Ath, the laws address fundamental issues of identity and health.

“For many people, knowing their ancestry plays an important role as they establish their own identity through childhood and into adulthood. Now donor-conceived people can access their full genetic picture just like everyone else. Having that picture is vital in protecting the mental and physical health of donor-conceived people,” she said.