Proposed amendments to the Assisted Reproductive Treatment Act 2008 (“ARTA”) would permit access to identifying information for all donor conceived people without donor consent, albeit with some conditions.
Those whose gametes were donated after 1998 have unconditional access to information identifying their donor. Previous legislative changes to the ARTA on 29 June 2015 meant that donor-conceived persons born between 1988 and 1998 could receive identifying information (but only with the consent of their donor). In contrast, donor conceived persons born before 1988 could not access identifying information. In the absence of any legal right to access this information, the only option for donor-conceived individuals has been to put themselves on a voluntary register with the hope that their donor did the same.
Now, the Andrews Labor Government proposes to go one step further, legislating so that all donor-conceived people will have the same rights to access donor information, regardless of when gametes were donated and without the requirement that the donor consents to its release. Details which would become available to offspring under the legislative amendments include the name, date of birth, ethnic background, marital status and address of the donor.