Assisted Reproductive Treatment (Donor Conception Register) Amendment Bill 2021

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Help us develop legislation to ensure the effective and optimal functioning of the donor-conception register.

What's being decided?

An amendment to the Assisted Reproductive Treatment Act 1988 (the ART Act) passed by the parliament in 2019 will commence operation on 7 November 2021 to mandate the establishment of the donor-conception register (DCR).

Further amendments to the ART Act are now proposed to ensure the effective and optimal functioning of the DCR. These changes are contained in the Assisted Reproductive Treatment (Donor Conception Register) Amendment Bill 2021.

The 4 key areas of change are:

  1. provide all donor-conceived people with the right to access identifying information about their donor (with retrospective effect) including the establishment of a contact preference scheme through a Statement of Wishes
  2. ensure the DCR can operate retrospectively to include historical donor conception information
  3. ensure all donor-conceived people have the option to have donor information included in their birth certificate
  4. ensure the effective operation of the DCR.

The FAQ and the Discussion Paper will help you understand what is being proposed.

We are looking for your input to further inform the development of the draft Bill.

Background

Under the current system, if a person wants to access information about their donors, donor siblings, or donor-conceived children they must seek this information from the fertility clinic responsible for the treatment.

Many donor-conceived people born in South Australia currently face barriers to accessing historical details from fertility clinics about their genetic heritage including details of their donor and any genetic siblings conceived through the same donor.

The proposed changes were recommended through a 2017 review of the Assisted Reproductive Treatment Act 1988 which was the result of extensive community consultation.

Donor conception provided before 2004 was provided under conditions of anonymity. Donors and recipient parents who were treated at that time were advised that donor identities could never be revealed.

It is now appreciated that knowledge of family heritage is essential to concepts of identity and belonging, to allow people to access important medical and genetic information, and to reduce risks of forming consanguineous relationships.

Get involved

For more information on what is being proposed, read our:

Have your say by:

How can your input influence the decision?

Your input will help to identify issues within the Bill and in relation to the proposal for providing donor-conceived people with the right to access information about their donors.

What are the next steps?

Once finalised, the Bill will be introduced to Parliament later this year. We will publish a summary report with the feedback received during the consultation and how this has contributed to changes to the Bill.


Thank you for your contribution to this feedback opportunity.

If you feel like you need to talk through any of the topics raised, we encourage you to seek out trained counselors at services such as:

  • Beyondblue.org.au 1300 224 636
  • Headspace.org.au 1800 650 890
  • Mensline.org.au 1300 789 978

Help us develop legislation to ensure the effective and optimal functioning of the donor-conception register.

What's being decided?

An amendment to the Assisted Reproductive Treatment Act 1988 (the ART Act) passed by the parliament in 2019 will commence operation on 7 November 2021 to mandate the establishment of the donor-conception register (DCR).

Further amendments to the ART Act are now proposed to ensure the effective and optimal functioning of the DCR. These changes are contained in the Assisted Reproductive Treatment (Donor Conception Register) Amendment Bill 2021.

The 4 key areas of change are:

  1. provide all donor-conceived people with the right to access identifying information about their donor (with retrospective effect) including the establishment of a contact preference scheme through a Statement of Wishes
  2. ensure the DCR can operate retrospectively to include historical donor conception information
  3. ensure all donor-conceived people have the option to have donor information included in their birth certificate
  4. ensure the effective operation of the DCR.

The FAQ and the Discussion Paper will help you understand what is being proposed.

We are looking for your input to further inform the development of the draft Bill.

Background

Under the current system, if a person wants to access information about their donors, donor siblings, or donor-conceived children they must seek this information from the fertility clinic responsible for the treatment.

Many donor-conceived people born in South Australia currently face barriers to accessing historical details from fertility clinics about their genetic heritage including details of their donor and any genetic siblings conceived through the same donor.

The proposed changes were recommended through a 2017 review of the Assisted Reproductive Treatment Act 1988 which was the result of extensive community consultation.

Donor conception provided before 2004 was provided under conditions of anonymity. Donors and recipient parents who were treated at that time were advised that donor identities could never be revealed.

It is now appreciated that knowledge of family heritage is essential to concepts of identity and belonging, to allow people to access important medical and genetic information, and to reduce risks of forming consanguineous relationships.

Get involved

For more information on what is being proposed, read our:

Have your say by:

How can your input influence the decision?

Your input will help to identify issues within the Bill and in relation to the proposal for providing donor-conceived people with the right to access information about their donors.

What are the next steps?

Once finalised, the Bill will be introduced to Parliament later this year. We will publish a summary report with the feedback received during the consultation and how this has contributed to changes to the Bill.


Thank you for your contribution to this feedback opportunity.

If you feel like you need to talk through any of the topics raised, we encourage you to seek out trained counselors at services such as:

  • Beyondblue.org.au 1300 224 636
  • Headspace.org.au 1800 650 890
  • Mensline.org.au 1300 789 978
  • The DCR will allow donors, donor offspring, and recipient parents to find out more information about each other. 

    Parties can consent to identifying information (name, date of birth, donor code, contact details) being shared, and can provide non-identifying information (medical history, physical features, interests, hobbies, personality) to share through the DCR.

    One of the changes proposed when establishing the DCR is to allow donor-offspring to apply for identifying information about their donor without the requirement for consent of the donor. 

    This change would lift the anonymity provided to donors who donated prior to 2004.

    We are seeking the views of donors, particularly those who donated prior to 2004, to understand the potential impact of these changes.

    This is an anonymous survey. However if you would like to let us know who you are so that your opinions can be shared please email: healthpolicylegislation@sa.gov.au.

    Consultation has concluded
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  • The DCR will allow donors, donor-conceived people, and recipient parents to find out more information about each other. 

    Parties can consent to identifying information (name, date of birth, donor code, contact details) being shared, and can provide non-identifying information (medical history, familial history) to share through the DCR.

    A number of legislative changes are proposed to ensure the effective operation of the DCR. 

    Changes are also proposed to allow for all donor-conceive people to access information about their donor regardless of when they were born. This change would lift the anonymity provided to donors who donated prior to 2004.

    This is an anonymous survey. However if you would like to let us know who you are so that your opinions can be shared please email: healthpolicylegislation@sa.gov.au.

    Consultation has concluded
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