Informed consent
Informed consent
The Assisted Reproductive Technology Act 2024 (ART Act) sets clear rules about consent for the collection, storage, and use of sperm, eggs and embryos in ART treatment in Queensland.
Consent must be given in writing before treatment or related activities occur, and treatment must follow what the person has agreed to.
When consent is required
Written consent is required to:
- collect sperm or eggs from a person
- store sperm, eggs or embryos
- use a person’s sperm, eggs or embryos in their own treatment
- use donated sperm, eggs or embryos in another person’s treatment
- undergo an ART procedure
- transfer sperm, eggs or embryos to another ART provider.
Consent must be informed
Before giving consent, a person must receive clear information about what is planned, available options, any risks and possible outcomes, so they can make a voluntary and informed decision.
Consent to undergo an ART procedure
A person must give written consent before undergoing an ART procedure, for example an embryo transfer. This consent is about having the procedure itself.
Before consenting, a person should receive clear information about:
- what the procedure involves
- possible risks and expected outcomes
- available alternatives
- the practical steps involved, including the biological origins of the sperm, egg or embryo.
Consent is required for each treatment cycle
If treatment involves more than one cycle, the person having the procedure(s) must confirm their consent for each new cycle. This keeps the decision to continue treatment current and informed.
Donation consent
When sperm, eggs or embryos are donated, donors must consent to:
- how long the donation can be used (up to 15 years)
- how many families may be created using their donation (up to 10 families)
- how the donation may be used in treatment.
Donors cannot place conditions on who receives their donation based on factors such as a person’s sex, sexuality, marital status or ethnicity.
Changing or withdrawing consent
Consent can usually be changed or withdrawn, but only up until certain treatment steps occur.
Consent relates to: | Who can change or withdraw consent | Consent can be changed or withdrawn until |
|---|---|---|
Use of sperm or eggs for a person’s own treatment | Person who provided the sperm or eggs | The egg or sperm, or an embryo created from it, is transferred to a person’s body |
Use of donated sperm or eggs | The person who provided the donated sperm or eggs | The sperm or eggs are used to create an embryo, or, if no embryo is being created, the sperm is transferred to a person’s body |
Use of donated embryo(s) | Donor whose sperm or eggs created the embryo | Until the embryo is transferred to a person’s body |
Person undergoing an ART procedure | Person receiving treatment | At any time before the ART procedure is carried out |
Once treatment has progressed beyond these points, consent can no longer be changed or withdrawn.
Other consent requirements
Identity checks and records
ART providers must take reasonable steps to confirm a person’s identity when consent is given, changed or withdrawn, and must keep accurate consent records.
Consent should be revisited when circumstances change
Consent should be reviewed and discussed again if treatment plans, storage arrangements or personal circumstances change, or if treatment resumes after a long pause.
Use after death
Sperm, eggs or embryos can only be used after the person who provided them has died if:
- they previously consented to this use, and
- the person undergoing treatment also agrees to proceed after being informed of the death.
Specific guidelines for using sperm or eggs that were retrieved from a deceased or unresponsive person are available.
Children and fertility preservation
ART treatment cannot be provided to children. However, sperm or eggs may be collected and stored to preserve a child’s future fertility with consent from a parent or person with parental responsibility.