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Author Topic: Legislation for donors and donor offspring  (Read 4662 times)
Quinny
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Donor offspring from Perth, WA


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« on: March 01, 2007, 09:29:07 AM »

This was kindly sent to me by Caroline from the DCSG. Below shows the current legislation around Australia for donors and donor offspring. We hope to be able to keep this up to date so if anyone has any additional information please let us know.



 
SUMMARY OF LEGISLATION AROUND AUSTRALIA

While every effort has been made to ensure that the information below is correct please check with the relevant authorities or government departments.

Is there a government register where information about donors, recipients and offspring is sent? If there is for how long will records be kept?

  • NSW No legislation and no register.
  • TAS No legislation and no register.
  • VIC Yes, the Central Register set up under the I.T.A. (1995). Records in this register will be kept indefinitely.
  • WA There is a central register but clinics are also required by the H.R.T. Act (1991) to retain records and provide access to them (non-identifying information). It also makes arrangements for transfer of records of a person who ceases to be a licensee. Clinic records are required to be kept for at least 25 years.
  • SA No, but a clinic record is required by the Reproductive Technology (Code of Ethical Practice) Regulations, 1995. The records must be kept for at least 50 years from the date of the last recorded entry.
  • ACT No legislation and no register.
  • NT No legislation and no register.
  • QLD No legislation and no register.

If there is no central register are infertility clinics legally obliged to keep records and for how long?

  • NSW All public hospital clinics must keep assisted reproductive technology records for 35 years where a child is born or if it is not known whether a child is born, if a pregnancy occurs. Authorised suppliers of semen (also includes private clinics) must keep certain records for 10 years.
  • TAS There is no legislation requiring clinics to maintain information other than that, which might be required under the Human Tissue Act (1995).
  • VIC See previous question.
  • WA See previous question.
  • SA See previous question.
  • ACT
  • NT There is no legislative requirement
  • QLD There is no specific statutory requirement on the retention of such records.

Do offspring of donor conception have a right to access information (identifying or non-identifying) on their donor? At what age may offspring access this information?

  • NSW No legislation.
  • TAS No legislation.
  • VIC Yes, if born after the I.T.A. (1995) was enacted, offspring must be at least 18years of age. Counselling is required when accessing identifying information.
  • WA Amendments to the WA Human Reproductive TechnologyAct 1991 were passed in July 2004 and came into effect 1 December 2004. Donor offspring have the right to identifying information about the donor, when they reach the age of 16 and have undertaken approved counselling:
    • if the reproductive material was donated after the amendments came into effect;
    • if the donor was informed that disclosure was likely should legislative change occur; or
    • if the reproductive material was donated before, but used after, the amendments came into  effect, and the donor subsequently gave consent. Also, parents who have used donor material may consent to sharing of identifying information on behalf of their minor children, following  counselling that addresses the best interests of the child.
  • SA They do have the right at the age of 16 years to receive non-
    identifying information. They do not have the ability to have identifying
    information revealed to them unless with the donorís agreement.
  • ACT No legislation.
  • NT There are no rights under legislation for offspring of donor
    conception to access information on their donors.
  • QLD No legislation.

Do clinics have a way of checking that a donor has not donated elsewhere?

  • NSW No legislation, no physical cross-referencing.
  • TAS No legislation, no physical cross-referencing.
  • VIC While donors' names are recorded on a central register within Victoria there is no question in the consent form which prospective donors sign which relates to having donated elsewhere.
  • WA This is not covered in their legislation.
  • SA Regulations state that a clinic must not use the gametes of a donor who has already produced 10 donor offspring unless with his permission but there is no mechanism that can verify that a donor has or has not already donated elsewhere.
  • ACT No legislation, no physical cross-referencing.
  • NT No legislation, no physical cross-referencing.
  • QLD No legislation, no physical cross-referencing.

Do offspring or recipient parents have a right to find out details of any half siblings?

  • NSW No legislation.
  • TAS No legislation.
  • VIC The I.T.A. Act (1995) is silent on the rights to information about half siblings from the central register. An application will allow offspring or parents to know how many other pregnancies or births came from the same donor.
  • WA This issue has not been discussed. It is imagined a suitable process will be developed when the time comes.
  • SA No.
  • ACT No legislation.
  • NT There are no rights under legislation.
  • QLD No legislation.

Where do I go to try and get information about my donor/siblings etc. or to find out more about legislation?

The first place would be the clinics. A list of accredited clinics still in operation can be found on the Fetility Society website www.fsa.au.com.

Those states that have legislation also have authorities that will be able to give you information about what you can do.

SA SA Council on Reproductive Technologies (08) 8226-6048 www.dh.sa.gov.au/reproductive-technology

VIC Infertility Treatment Authority (03) 8601-5250 www.ita.org.au

WA Reproductive Technology Council (08) 9323 6642 www.rtc.org.au

The following states have no legislation so either contact the health departments of each state or the Ministers for Health in each state.

ACT Minister for Health (02) 62050840

NSW Minister for Health (02) 9230 3463

NT Minister for Health (08) 8901 4161

QLD Minister for Health (07) 3234 1191

TAS Minister for Health  (03) 6233 6752

 
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Donor conceived adult from Perth, Western Australia. Searching for a donor who donated to Dr Colin Douglas-Smith in 1976.
RoseW.A.
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« Reply #1 on: March 17, 2007, 05:24:39 AM »

Hi and thanks for this post. I couldn't remember where I had seen this and was looking for it.
As a W.A. women who travelled to S.A. for treatment and then gave birth in W.A. I wonder a little which legislation relates to my son.
I applied to the W.A. voluntary Register twice and was rejected twice. On my third try I got accepted (maybe they just didn't read my form properly). Anyway I am on now.
Re access to information by my son about his donor I assume will be the state where the information is actually held (i.e. clinic in S.A.).
It would so help if there was a national office for everything.
Thanks for this summary. Regards, Rose
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Looking for half siblings of Repromed Donor DZ who also donated at Queen Elizabeth Hospital in S.A.
dadams
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« Reply #2 on: March 18, 2007, 10:25:52 PM »

Hi Rose,
your son is legally entitled to obtain non-identifying information about his donor when he is 16. You will have to follow the SA laws as that is where the treatment took place and where the records would be kept.
Currently we still have legislation that protects a donors anonymity.
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Hursty
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« Reply #3 on: May 19, 2007, 02:44:34 AM »

Thankyou  Smiley This is exactly what I have been looking for. Written in plain english.
Sue
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Love and Truth go together.
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