Developments in fertility medicine have led to the popularisation of sperm donation programs in Australia and the rest of the world. The programs offer a solution for women struggling with infertility or who are seeking alternative approaches to conception. However, there are some guidelines and laws that govern sperm donation.
It’s illegal to buy or sell any human tissue in Australia, including ova, sperms, and embryos. Moreover, it’s a criminal offence to offer a valuable consideration for the supply of sperm, eggs, or embryos. However, a reasonable expense related to the donation is covered under the law. Such costs include counselling, medical, travel, and insurance expenses directly related to sperm donation.
Sperm donor in Australia fall into two broad categories: known donors and de-identified donors.
Known donors
Known sperm donors are often friends or family. However, they must meet specific criteria for approval into the donation program.
Age
The donor must be over the age of 18 for approval. However, donors above 50 years are discouraged from participating in the program.
Relation
Although relatives fall in the category of known donors, some laws stipulate the relation level acceptable for sperm donation. For example, the donor cannot be a close relative to the recipient. Moreover, the donor cannot be from a younger generation of relatives of the recipient. Laws surrounding relationships enhance genetic variation and reduce the risk of conceiving children with rare genetic diseases.
Past medical history
Sperm donors with genetic or mental health conditions are discouraged from the donation program. As a result, recipients have a low risk of conceiving a sick baby.
Recipient’s preference
A recipient may have a strong reason for opting for a particular donor. Such cases are analysed on individual merits before the appropriate advice is given.
Legal agreements
It’s advisable for women conceiving through known sperm donors to have clear legal agreements with the donor on future relationships with the child.
De-identified sperm donation
De-identified donation is the most prevalent sperm donation program and follows clear laws.
Donor identification
In the de-identified program, the donor’s identity remains undisclosed to the recipient at the time of treatment. However, the donor’s information can be available for access to the child once they turn 18. Therefore, donors consent for their information to be retained on the central register for donors and donor-conceived children. Fertility clinics often give the donor an advance notification before availing their information to the donor-conceived child.
Information in the register includes the donor’s past medical and family history, the number of children conceived from the donated gametes, and all identifying information.
Furthermore, the donor is entitled to some non-identifying information about the recipient. For example, the recipient’s age and sex of donor-conceived children. The donor also has the right to know the number of children conceived from his donation.
Limits on the use of donated gametes
Donors and donor-conceived children are protected from the consequences of having many offsprings and siblings, respectively. The law stipulates that a donor can only donate to 10 women in South Australia and Victoria and 5 in Western Australia and New South Wales. On the other hand, Queensland has no limit on donations, but fertility clinics may have their own policies.
Consent
Consent for sperm donation should be informed and offered willingly. Moreover, embryo and gamete donors can withdraw their consent for donation at any point in the preparation process.
Change of address
Change of address or contact information should be communicated within a reasonable period to ensure the donor register is up-to-date.
Sperm donation is a relatively new practice; therefore, there are a lot of questions surrounding it. Contact your doctor or fertility clinic for the best advice if you have any.
