The ACT Government today introduced legislation to improve protections for people who access, and are conceived via, Assisted Reproductive Technology (ART), health minister Rachel Stephen-Smith announced.
The Assisted Reproductive Technology Bill (2023) provides a legislative framework to regulate ART in the ACT. This will ensure providers adhere to strong clinical and ethical standards.
The Bill introduces regulatory requirements for clinical practice by ART providers, including registration requirements, conditions around provision of clinical services, and requirements for gamete retrieval and embryo creation and storage.
Ms Stephen-Smith said the new legislation will increase confidence in ART services in the ACT and improve access to donor information.
“ART is increasingly being used by people of different genders, sexualities, and family structures, including those experiencing infertility or genetic risks,” the minister said. “It is important Canberrans have access to services that are easy to navigate, inclusive, and culturally appropriate.
“This legislation will protect the rights of people who access ART and, importantly, establish clear rights for donors and donor-conceived individuals.”
Donor-conceived people will be entitled to access information about their parent/s’ donors from ART providers in the ACT. A new donor register will be created to enable donor-conceived people with easier access to information about genetic heritage, including information about their parent/donor, medical information, and any siblings they may have.
“We have heard from donor-conceived individuals that they can experience barriers when trying to gain information, causing a lot of frustration and distress,” Ms Stephen-Smith said.
“Establishing a donor register will make it an easier and more streamlined process for people to access this information. We are also working to ensure donor-conceived individuals, their parent/s, and donors can access support and information in a timely and sensitive way.”
The ACT donor register will be implemented across two stages. The first stage, established under this legislation, is a prospective register that will allow donor-conceived individuals conceived after commencement of the Act and their parent/s to access information about their parent/s’ donor, including identifying information. The establishment of a voluntary register will allow for donor-conceived people and past donors to voluntarily register their details on the register.
The second stage will be implemented after further community and stakeholder consultation, and will include a retrospective register for all donor-conceived people to access information about their parent/s’ donor, irrespective of when they were conceived or born, if those records still exist. This engagement and consultation will occur throughout 2024.
“The introduction of legislation for ART services in the ACT is a significant step forward in meeting the basic rights of donor-conceived people, intended parents and donors,” Aimee Shackleton, national director of Donor Conceived Australia, said. “This will ensure Canberrans can feel safe accessing ART treatment and know they are supported by law.
“DCA welcomes any legislation that legalises donor-conceived people’s right to access information and provides a mechanism to do so. Early and efficient acquisition of basic information about identity is paramount to managing mental and physical health and assists in normalising donor conception.
“The introduction of this legislation follows many years of advocacy by members of the donor conception community and brings ACT closer towards donor conception best practices already established in other jurisdictions around Australia.
“The donor-conceived community has been advocating for change for many years. We support progress towards removing shame and secrecy for our community and our families and encouragement of more openness and acceptance.”
