28 November 2007

Assisted Reproductive Technology Bill passed by NSW Parliament

NSW Minister for Health, Reba Meagher, said the passing of new legislation in the NSW Parliament has significantly tightened the existing rules around assisted reproductive technologies, including sperm and egg donation.

The Assisted Reproductive Technology (ART) Bill 2007 was today successfully passed following debate in the NSW Upper House.

Ms Meagher said the new legislation would clarify and reinforce the rights of both donor-conceived children and donors.

"Following consultation with stakeholder groups, this legislation strengthens the key positions by providing clarification of the principles involved," Ms Meagher said.

"There is now additional protection for donors by allowing them to place conditions on the use of their donated sperm or ova so that the material may be used only in a manner that complies with the donor's wishes.

"For example, a donor from a particular cultural or ethnic background may stipulate that their donation is only to be offered to members of that community."

Ms Meagher said a key guiding principle for development of the legislation had been recognition of the rights of children born as a result of ART procedures and the importance of acting in their best interests.

"A fundamental aspect of this right is the availability of and access to information about their biological parents and siblings," Ms Meagher said.

Under the new legislation, a central donor register will be established to allow donor-conceived children to access important information about their donor parent once they turn 18. This may include information such as the donor's name, date of birth and education, as well as important medical information.

The mandatory register will apply only to future donors. Individuals who have in the past donated anonymously will not be required to provide information for the register, but can choose to provide details on a voluntary basis.

"Donor-conceived children will also be able to provide information to the register so that it may be accessed by the donor once the child has reached the age of 18," Ms Meagher said.

"As part of the consultation process, there were more than 60 submissions received. All of the issues raised were carefully considered and, where appropriate were incorporated into the Bill."

For a range of health information, go online to www.health.nsw.gov.au