Using sperm, eggs and embryos
Limits on using donor sperm, eggs and embryos
Why are limits necessary?
The Assisted Reproductive Technology Act 2024 (ART Act) sets certain limits on the use of donated sperm, eggs and embryos. These include a family limit and a time limit.
These limits are not intended to restrict personal choice unnecessarily. Instead, they are designed to balance the interests of everyone involved in assisted reproductive technology (ART) treatment. This includes donor-conceived people, donors, intended parents and the broader community.
Protecting the interests of donor-conceived people
A central aim of the Act is to support the long-term wellbeing of people conceived using donated sperm, eggs and embryos. Limits help to:
- reduce the likelihood of a large number of closely genetically related people being born within the same community
- support donor-conceived people to understand their genetic origins
- manage the risk of accidental relationships between people who are closely genetically related
- ensure that donor conception practices remain transparent, ethical and sustainable over time.
About the family limit
Section 25 of the 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.
What does '10 donor-related Australian families' mean?
Under the ART Act, a donor-related Australian family includes a parent, their spouse (if they have one) and their children.
It also includes the donor’s own family (the donor, 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 using this same donor, if it would create another family.
The Act also recognises that families can change. If a person separates and has children on their own or with a new partner, using the same donor, each of those new family units is counted separately for the limit.
Sometimes how the law counts your family will be different to how you see it. This is because the Act must define the boundary of a family for it to be counted. For example, if more than one person in a social family unit wants to give birth to a child using the same donor, then each person who gives birth will create a new family for the limit.
What is the time limit
The 15-year time limit starts from the date the sperm or eggs were first obtained from a person. If an embryo is being donated, then the 15-year time limit starts from the earliest date that sperm or eggs used to create that embryo were obtained.
This limit helps protect the welfare of donor-conceived people by reducing the chance of very large age gaps between donors and donor-conceived people or between donor-related siblings.
Reflecting community expectations
Community views about donor conception have evolved over time. There is strong recognition of the importance of transparency, access to information and consideration of the rights of donor-conceived people.
The limits set out in the Act reflect these contemporary expectations and are designed to support ethical practice now and into the future.
Allowing flexibility in exceptional circumstances
While limits are important, the ART Act also recognises that families and personal circumstances can be complex. In limited situations, ART providers may apply for approval to exceed the family limit or time limit. This approach maintains important safeguards, while allowing careful consideration of individual circumstances.
Transitional arrangements
The transitional arrangements in the ART Act are designed to:
- support a smooth changeover to the new legal framework
- reduce disruption to people who have already started treatment
- make sure changes are applied fairly.
The Assisted Reproductive Technology Act 2024 commenced on 19 September 2024.
Some of the transitional arrangements in the ART Act are designed to allow people to continue with ART treatment that they started before this date. This means that in certain circumstances, treatment or arrangements that might be affected or not allowed by the ART Act may be able to continue under specific transitional rules, if treatment began before 19 September 2024.
Exactly how a transitional provision applies will depend on the individual circumstances, including:
- when treatment began
- what stage the treatment was at on 19 September 2024
- the specific legal requirements involved.
ART providers can help people receiving treatment understand whether a transitional provision applies to them.
If an ART provider is unsure how the law applies in a particular situation, they will work with the Assisted Reproductive Technology Unit within Queensland Health to clarify the requirements.