Family limit

Section 25 of the ART Act says that donated sperm, eggs or embryos can’t be used if this would create more than 10 donor-related Australian families. This is known as the family limit.​

​This safeguard helps reduce the risk that two genetic relatives might unknowingly have an intimate relationship in the future. ​

​Section 39B allows an ART provider to apply for approval to use donor sperm, eggs or embryos in exceptional circumstances, even if it would go beyond the family limit.

What is considered a family

Under the Act, a donor-related Australian family includes a parent, their spouse (if they have one), and their children.

​The family limit means that once 10 families have been created using a particular donor’s sperm or eggs, a person may not be able to have another child with this same donor, if it would create another family.

​The family limit aims to protect donor-conceived people, not to stop families from growing or from having genetically related siblings raised in the same household. For this reason, the Act allows a provider to make an application to exceed the family limit in exceptional circumstances. This recognises real-world family structures, while still maintaining important protections for donor-conceived people.

How a decision is made

We take into account the family limit aims to protect donor-conceived people by reducing the number of genetically related families.

Guided by the core principles, we also take individual circumstances into account, including:​

• How many families have already been created using the donor’s sperm or eggs?​
• Will the child be raised in an existing family?​
• Would approval still meet the purpose of protecting donor-conceived people? Would it reduce the likelihood of future close-relative relationships? Does it protect against emotional impacts of having many donor-conceived siblings?​
• Does the donor support the application? Have they changed or withdrawn their consent since the sperm or eggs were collected?​
• How will the decision affect the intended parent(s), person(s) yet to be born, donor, and existing donor-conceived people?

Refusal of an application​

An application to exceed the family limit may be refused where the use is not considered reasonable. The provider can request review of that decision within 20 business days.

How to apply

Only ART providers can apply for approval. Contact ART@health.qld.gov.au for the required forms and guidance materials.