04 November 2007

ART Bill set to be introduced into NSW Parliament

The NSW Government will this week introduce legislation to tighten the existing rules around assisted reproductive technologies, including sperm and egg donation.

NSW Minister for Health Reba Meagher said the Assisted Reproductive Technology (ART) Bill had been developed following a lengthy and detailed public consultation process.

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

"The rights of children will now be enshrined in the legislation so that any child born through Assisted Reproductive Technology (ART) will, after they turn 18, be able to know the details of their biological parents," Ms Meagher said.

"I have had representations from people in the past who have argued that they should have been able to find out who their donor fathers were, and I have always been sympathetic to that view. Donor conceived children who have turned 18 will also be able to consent to their donors receiving identifying information about them."

NSW Premier Morris Iemma said it can be distressing not knowing who your other parent is.

"I have seen the joy on both sides when donor fathers have met up with the children they helped bring into the world," Mr Iemma said.

"This new legislation also ensures that NSW ART services continue to maintain the highest standards of ethics and clinical quality in accordance with national standards."

An additional strength of the new legislation is that ART service providers will now be required to offer counselling to all ART participants so that they understand all the implications of the procedure, but leaves it open to whether or not they accept such offers.

The proposed 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.

Ms Meagher stressed that under the new law, donors would not be obliged to have contact with their offspring and that the legislation would not make donors legally or financially responsible for those children.

"In fact, the Bill will offer additional protection for donors by providing that donated sperm and ova may only be used in a manner that complies with the donor's wishes," she said.
"For example, a donor from a distinct ethnic community may stipulate that their donation is only to be offered to members of that community."

Ms Meagher said the legislation will help to bring the regulation of ART in New South Wales into line with regulation in Victoria, South Australia and Western Australia and many overseas countries.

"The experience in other States which have already introduced similar legislation has been that this does not result in a reduction in donations," she said.

The ART Bill does not address cloning or research on embryos. These matters are addressed by the NSW Human Cloning and Other Prohibited Practices Act 2003 and the Commonwealth's Research Involving Human Embryos Act 2002.

Ms Meagher said the Bill also bans commercial surrogacy and noted that the Standing Committee of Attorneys General is currently reviewing laws relating to surrogacy on a national basis.

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