Legalities and requirements
There are legal implications that need to be understood by anyone donating or receiving gametes or embryos. Therefore, carefully read the information presented in this section.
Addam Donor Bank encourages all individuals and couples to seek independent legal advice before taking part in the donor program.
Legalities and requirements for donors, recipients and children born from donor gametes
There are legal considerations that need to be understood for anyone donating or receiving sperm. Therefore, carefully read the information presented in this section.
Addam Donor Bank encourages all individuals/ couples to seek independent legal advice before attending the donor program.
- Donor-conceived persons are entitled to know who their donor is, should they want this information once they turn the age of 18 or 16 (if located in WA). Therefore, sperm donors must consent to their identifying information being held by the Addam Donor Bank and the Victorian/NSW/WA Central registers. The information includes all medical and family history, identifying information about the sperm donor and the number and sex of persons conceived using the donor sperm provided by the same sperm donor.
- Sperm donors are free to withdraw or vary their consent for donation as indicated in the relevant state legislation or regulations.
- Sperm donors are entitled to some information about the offspring born. On request, Addam Donor Bank can provide non-identifying information about the sperm donor recipient including number, age and sex of persons born.
- Further information for Victoria can be found on VARTA website www.varta.org.au and for New South Wales on NSW Health Website (Central Register) www.health.nsw.gov.au and for Western Australia on WA Department of Health website www.healthywa.com.au.
- Persons conceived using donor sperm, and the sperm donors, need to be protected from the consequences of having many siblings and offspring, respectively. The sperm donor is able to donate up to 10 families in SA and QLD, 5 individuals in NSW and WA and 10 individuals in Victoria (including their own family).
Donor recipients are entitled to some information about the sperm donor. Upon request, Addam Donor Bank 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, details of the physical characteristics of the sperm donor; and the number, age and sex of persons already born from the donor sperm provided by the same sperm donor and the number of families involved.
People conceived using donated sperm are entitled to know their donor, should they want this information once they turn the age of 18. Therefore, donors must consent to the release of identifying details at Addam Donor Bank and City Fertility.
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.