Laws Passed To Regulate Assisted Reproductive Providers

JOINT STATEMENT
  • New laws to regulate Queensland’s Assisted Reproductive Technology (ART) industry have passed in Parliament today.
  • The laws include a new $7.9 million donor conception information register which will give donor-conceived people access to information about their genetic origins.
  • The framework complements the Miles Government’s $1 billion-plus investment in the Women and Girls Health Strategy 2032.

New Assisted Reproductive Technology (ART) laws passed in Queensland will boost confidence in the industry and improve access to information for members of the donor-conceived community.

The new laws will introduce a robust framework to regulate ART providers and services in Queensland.

The Assisted Reproductive Technology Act 2024 reflect the Miles Government’s commitment to greater transparency of the ART industry.

This will give Queensland Health a sliding scale of enforcement powers to deal with non-compliance and adverse events, providing Queensland families greater confidence in providers.

The laws will ensure that the wellbeing and interests of people receiving fertility treatments are central to the delivery of ART services, and that the welfare and interests of people born as a result of ART are of paramount importance.

Under the new laws, Queensland Health will be able to:

  • Conduct inspections of ART provider facilities
  • Impose conditions on licences
  • Issue improvement notices
  • Suspend or cancel licences for non-compliant providers
  • Inspect and seize property
  • Prohibit providers from providing ART services if they are not in compliance and
  • Prohibit sex selection, use of gametes where both gamete providers are closely related, and ART treatment on a child (except obtaining a gamete for the future benefit of the child in limited circumstances).

A $7.9 million central retrospective donor conception information register will also be established. This will give donor-conceived people access to a full picture of their genetic origins.

It will also limit the number of families who may use a particular donor to ten, bringing Queensland in line with other jurisdictions including Victoria, South Australia and the Australian Capital Territory.

The restrictions aim to strike the balance between the need to protect donor-conceived people from having many genetic siblings and the potential social impacts of that, while not unreasonably restricting the supply of donor sperm.

As stated by the Premier Steven Miles:

“This is landmark legislation that will make a real difference to Queenslanders.

“The laws will ensure Queensland families have confidence in the industry through enhanced safeguards and will give donor-conceived people a greater understanding of their genetic origins.

“I want to thank those families and individuals who shared their stories with me and helped drive change for the better.”

As stated by the Minister for Health, Mental Health and Ambulance Services and Minister for Women Shannon Fentiman:

“I’m so proud to see these landmark laws introduced in Queensland.

“Too many families have been impacted by a lack of safeguards when accessing assisted reproductive technology. We need to ensure this doesn’t continue.

“It’s crucial that donor-conceived people have the opportunity to understand their genetic heritage – that’s why the information register will be so important for so many Queenslanders.

“This register will provide families with a clearer picture of their donor.

“Importantly, it will offer counselling services to support applicants through this emotionally sensitive process.

“I want to thank everyone who championed these changes that will bring us in line with other jurisdictions that already regulate in this space.”

As stated by Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence Yvette D’Ath:

“For many people knowing their ancestry plays an important role as they establish their own identity through childhood and into adulthood.

“Now donor-conceived people can access their full genetic picture just like everyone else.

“Having that picture is vital in protecting the mental and physical health of donor-conceived people.

“But this goes further than DNA, with counselling services also offered to those who require it.

“This is what Labor governments do best. We listen, we act, and we support. This is why I’m a proud member of the Miles Government.”

/Public Release. View in full here.