Donor assisted conception

Clinics must ensure that donors are screened for medical and genetic conditions prior to the sperm, eggs or embryos being released.

Sperm, eggs or embryos will be quarantined by the clinic to manage the risk of infection transmission.

In WA, donated sperm eggs or embryos may only be used to create a maximum of five families (not including the donor’s own). There are no limits on the number of children conceived through the same donor within these five families.

Family limits are in place to reduce the risk that a donor conceived person will unknowingly form a relationship with a sibling (known as consanguinity) and limit the impact on the emotional wellbeing of children born as a result of donation.

In some circumstances, the Reproductive Technology Council (external site) may approve the use of sperm, eggs or embryos that would breach the five-family limit.

Reciprocal IVF (also known as egg sharing) refers to an in vitro fertilisation (IVF) practice in same sex female couples where both parents can be involved in the conception of the baby. One partner carries the pregnancy and the other provides the egg, which is fertilised with donor sperm. The transfer of an embryo formed with a partner’s egg, in female same-sex relationships is not usually permitted in Western Australia unless the partner who will carry the pregnancy (in the case of de facto relationships) or the couple (in the case of married couples) meets the IVF access criteria in the Human Reproductive Technology Act 1991. It is best to seek advice from your clinician about your medical eligibility for IVF.

Western Australia laws in relation to assisted reproductive technology are being reviewed New assisted reproductive technology and surrogacy legislation for WA.

Donors must consent to their identifying information being sent to the WA Health Reproductive Technology Registers (externals site). Anonymous donation is not permitted in Western Australia.

Donors are not recognised as the legal parents of any child born through donor assisted conception.

When a woman becomes pregnant after an artificial insemination, in vitro fertilisation (IVF) and intra-cytoplasmic sperm injection (ICSI) procedure that involves donated sperm, eggs or embryos, the woman is the parent of any child born from that pregnancy. The woman’s spouse or de facto partner is also considered to be the parent of the child.

In a surrogacy arrangement, legal parentage is transferred from the birth mother and her spouse/de facto partner (if applicable) to the arranged parents.

Approval from the Reproductive Technology Council (external site) is required to export donated sperm, eggs or embryos out of Western Australia (WA).

Donated sperm, eggs or embryos can be imported into WA. Clinics receiving donated sperm, eggs or embryos must ensure that the donation complied with WA laws.

Importing

Sperm eggs or embryos may be imported for use in assisted reproductive technology (artificial insemination, in vitro fertilisation, intracytoplasmic sperm injection) procedures.

You don’t need approval to import your own sperm, eggs or embryos into WA .

If you want to import donated sperm, eggs or embryos you or your clinic must be able to confirm that the following criteria have been met:

• screening, quarantine and infection control standards equivalent to what is required in WA
• counselling has been provided to the same standard as what would be required in WA and the donor has provided effective consent
• the donation was altruistic/not for commercial gain
• the use of the sperm, eggs or embryos would not breach the five-family limit OR the Reproductive Technology Council has approved an application for use
• information, including identifying information on the donor, is available for the WA Reproductive Technology Registers OR the Reproductive Technology Council has approved an application for use.

Clinics can face severe penalties if they receive sperm, eggs or embryos that don’t meet the criteria above.

Exporting

You don’t need approval to export your own sperm, eggs or embryos out of WA if the use for which they are being exported is not prohibited. Prohibited uses include commercial donation or surrogacy or breaching the five-family limit.

Approval from the Reproductive Technology Council (external site) is required to export donated sperm eggs or embryos.

Applicants must agree to provide information to the WA Health Reproductive Technology Registers (externals site) about the recipient and outcome of donation.

Commercial donation (where the donor is paid or offered some form of valuable consideration) is illegal in Western Australia. Donors may be reimbursed for reasonable expenses only.

Clinics have a responsibility to ensure that they do not receive commercially donated sperm, eggs or embryos.

The ban on commercial donation is in place to reduce the risk of exploitation of donors and to reduce the incentive for the creation of large families that would breach the family limits.

There is no approval pathway to use sperm, eggs or embryos that have been donated for commercial gain.