The ACT Government will today introduce legislation to improve the protection of people accessing and conceived through assisted reproductive technology (ART).
The Assisted Reproductive Technology Bill (2023) will provide a legislative framework to regulate ART in the ACT. It will ensure that providers continue to adhere to high clinical and ethical standards in the provision of their services by enshrining these responsibilities in law.
The Bill will also establish a donor registry that will allow donors to access information about their genetic heritage, including information about their parents’ donor, if they wish.
Health Minister Rachel Stephen-Smith said the new legislation would increase confidence in ART services in the ACT and improve access to donor information.
“ART is increasingly used by people of different genders, sexualities and family structures, including those with infertility or genetic risks. It is important that Canberrans have access to services that are easy to navigate, inclusive and culturally appropriate.
“This legislation will protect the rights of people accessing ART and, importantly, establish clear rights for donors and donor-conceived individuals,” Minister Stephen-Smith said.
The Bill introduces regulatory requirements for the clinical practice of ART providers, including registration requirements, conditions for the provision of clinical services, and requirements for gamete collection and embryo creation and storage.
Donor-conceived people will be entitled to access information about their parents’ donors from ART providers in the ACT. A new donor registry will be established to give donor-conceived people easier access to information about their parent/donor, medical information and any siblings they may have.
“We have heard from donor-conceived people that they can face barriers when trying to access information, which causes a lot of frustration and distress.
“The creation of a donor registry will make it easier and more streamlined for people to access this information. We are also working to ensure that donors, their parents and donors can access support and information in a timely and sensitive manner.
“The ACT Government has worked closely with specialists, advocates and people with lived experience in developing this legislation, including Donor Conceived Australia and the three ART providers operating in the ACT. I would like to thank all of these stakeholders who have made important contributions by sharing their experiences and knowledge.”
“My colleague Dr Marisa Paterson has also played an important role in championing this legislation and I thank her for her advocacy and leadership,” Minister Stephen-Smith said.
The ACT donor registry will be implemented in two stages. The first, established under this legislation, is a prospective registry that will allow donor-conceived individuals conceived after the commencement of the Act and their parents to access information about their parents’ donor, including identifying information.
Stage one will also include the establishment of a voluntary register, which will allow donor-conceived individuals and past donors to voluntarily register their details on the register.
The second stage will be implemented following further community and stakeholder consultation and will include a retrospective register for all donor-conceived people to access information about their parents’ donor, regardless of when they were conceived or born, where such records still exist. This engagement and consultation will take place throughout 2024.
Quotes attributed to Aimee Shackleton, National Director of Donor Conceived Australia
“The introduction of legislation for ART services in the ACT is a significant step forward in meeting the fundamental rights of donor conceived people, intended parents and donors. It will ensure that Canberrans can feel confident in accessing ART treatment and know that they are supported by the law.
“DCA welcomes any legislation that legalises the right of donor-conceived people to access information and provides a mechanism for doing so. Early and effective access to basic information about identity is crucial to managing mental and physical health, and helps to normalise donor conception.
“The introduction of this legislation follows many years of advocacy by members of the donor conception community and brings the ACT closer to best practice in donor conception already established in other jurisdictions across Australia.
“The donor conception community has been advocating for change for many years. We support progress towards removing shame and secrecy for our community and our families, and encouraging greater openness and acceptance.”