Required information
Section 33 of the ART Act requires information to be collected about anyone who provides their sperm or eggs (a gamete provider) before the sperm or eggs, or an embryo created with the sperm or eggs, can be used in an ART procedure. Different information is required if the gamete provider is donating their sperm or eggs for someone else to use.
This information helps protect people born through ART by keeping accurate records about their biological origins.
The Act recognises that applying the information requirement may sometimes lead to unfair or unreasonably harsh outcomes. Missing information could mean:
- a family is unable to have a genetic sibling for their existing donor-conceived child
- someone who created embryos a long time ago is prevented from using those embryos to have a child.
Section 39C of the Act allows providers to apply for approval to use sperm, eggs or embryos in exceptional circumstances, even when some required information is missing and cannot be collected.
How a decision is made
We recognise that people born through ART should be able to understand their biological origins, including their genetic background, family connections, health history, and identity. When information is missing, Queensland Health considers whether allowing the use of the sperm or eggs would still support the welfare and long-term interests of the person who may be born.
Guided by the core principles, we also take individual circumstances into account, including:
- Are there already children in the family who share genetics with the future child, e.g. a full genetic sibling?
- Does the situation involve donated sperm, eggs or embryos? Are the intended parents using their own sperm, eggs or embryos?
- Are key details missing, such as full name, contact details, date of birth?
- Has the provider made reasonable attempts to locate the information? Have enquiries been made with previous clinics, sperm banks, or overseas providers? Has the provider confirmed whether a donor is still living?
- Are there relevant health considerations, e.g. an existing genetic condition?
- Does the donor support the application? Have they changed or withdrawn their consent since the sperm or eggs were collected or embryos created?
- Are there already donor-conceived people from this donor? What information is available about them?
- 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 use sperm, eggs or embryos despite missing information may be refused where the use is not considered reasonable. The provider can request review of that decision within 20 business days.
Scenario: Using donated embryos to create a full genetic sibling
Background
Jamie and Luca have taken some steps to commence ART treatment. They intend to use imported donor sperm from an overseas donor bank. The vials were transferred to their ART provider a few years ago. Some details that are now required under Queensland law—such as the donor’s place of birth—were not included in the records sent from the overseas donor bank.
The provider has contacted the original donor bank several times, but the missing details cannot be obtained. The donor’s identity and key information are known, but at that time, the donor was not asked to provide their place of birth. Jamie and Luca's provider must apply for approval to use the sperm as some required information is missing.
Why this may be considered reasonable
- The core information about the donor is known and verified.
- The missing details relate to older record-keeping practices before there were laws in Queensland, not a lack of effort to obtain them.
- Changing donors may reduce their chance of having a child.
- Approval would not compromise the ability of a future donor-conceived person to understand their biological origins.
How to apply
Only ART providers can apply for approval. Contact ART@health.qld.gov.au for the required forms and guidance materials.