Legalities and requirements

There are legal implications that need to be understood by anyone donating or receiving sperm. Therefore, carefully read the information presented in this section. 

InSEM 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 sperm

Donor

  • Donor conceived persons are entitled to know who their genetic parents are, should they want this information once they turn the age of 18. Therefore, donors must consent to their identifying information being held by the City Fertility 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 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.
  • Donors are entitled to some information about the offspring born. On request, InSEM can provide non-identifying information about the sperm recipient including number, age and sex of persons born.
  • The person conceived using donor sperm, and the donors of sperm, need to be protected from the consequences of having many siblings and offspring, respectively. Sperm donors are able to donate to up to 10 families in QLD (this includes the donor and any current or former partner of the donor).

Recipient

Donor recipients are entitled to some information about the sperm donor. Upon request, InSEM 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 and details of the physical characteristics of the sperm donor.

Child

People conceived using donated sperm are entitled to know their genetic parents, should they want this information once they turn the age of 18. Therefore, donors must consent to release of identifying details at InSEM.

Donor reimbursement

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.

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Need more information?

We are here to empower you during your fertility journey and we will make sure that your feel prepared and confident every step of the way. Get in touch via the contact form below or call us on 1300 446 736.

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