Assisted reproductive technology legislation
The Assisted Reproductive Technology Act 2024 (ART Act) came into force on 19 September 2024.
The ART Act was informed by findings from the Investigation Report: Investigation of assisted reproductive technology (ART) providers in Queensland, conducted by the Office of the Health Ombudsman in 2023–2024.
The ART Act provides a clear, modern framework that complements existing national guidelines. The aims of the ART Act are to:
- strengthen safeguards and protect the welfare and interests of people who use ART services, donors, and donor-conceived people
- promote public confidence in ART services in Queensland
- establish Queensland Health as the state regulator, providing clear oversight and accountability across the sector.
Amendments to the ART Act in 2025 aim to:
- support fair outcomes that balance situations where some people are disadvantaged
- allow case-by-case decisions in certain circumstances, instead of a strict one-size-fits-all approach
- provide further clarity.
Overview of the legislation and regulation
The ART Act:
- outlines the framework for licensing and regulating ART providers by Queensland Health
- mandates certain requirements for ART providers, including use of sperm, eggs and embryos
- protects the rights and safety of donor-conceived persons, ART users and donors
- addresses issues of consent, record-keeping, and information sharing
- provides for investigations, monitoring and enforcement action by Queensland Health.
The Assisted Reproductive Technology Regulation 2026 (Regulation) provides extra technical and operational information, including licensing of ART providers.
The Regulation includes more information about:
- what ART consent and counselling should include
- the licencing framework, including documents, licence fees and conditions
- reportable events that Queensland Health must be notified about.
Implementation stages
The ART Act and Regulation are being implemented in stages. This allows the regulator, ART providers and the Registry of Births, Deaths and Marriages time to develop the systems, processes and resources needed to support the laws properly.
Stage 1 from 19 September 2024
- New unlawful practices including creating an embryo using eggs and sperm from closely related people, ART treatments on and for children (with limited exceptions) and permitting a person to choose the sex of an embryo unless there is a medical reason
- Information collection and record-keeping by ART providers about people who provide sperm or eggs and people who access their services, which cannot be destroyed without approval from Queensland Health
- New parameters for retrieval of sperm or eggs from deceased or unresponsive persons
- Disclosure of health information by ART providers to various persons, including donor-conceived persons and donors, in certain circumstances
Stage 2 from 1 March 2026
- Licensing of ART providers by Queensland Health
- Reporting requirements for providers for serious adverse and other events, including changes to provider’s staff, services, or regulatory action taken in another Australian jurisdiction
- Chief Executive applications on behalf of a patient to use sperm, eggs and embryos in specific circumstances which are otherwise prohibited under the Act
- Enhanced informed consent requirements
- Counselling services must be provided or made available to specific people
Stage 3 throughout 2026
- Donor Conception Information Register (managed by Registry of Births, Deaths and Marriages) for donor-conceived people to seek information about donors and donor-conceived siblings. This will facilitate understanding their genetic history and identity and support their health and wellbeing.