Assisted Reproductive Technology Bill 2024
Plain English Summary
Overview
This bill creates Queensland's first laws to regulate the fertility industry and establishes a central register of donor conception information. It was introduced after high-profile failures in 2023, including allegations of wrong donor sperm being used and donors having far more genetic offspring than guidelines allow. The bill requires all fertility clinics to hold a Queensland licence, sets enforceable rules for how gametes and embryos are used, and gives all donor-conceived people the right to know who their biological donor is.
Who it affects
Donor-conceived people gain the right to access identifying information about their donor from age 16, regardless of when they were born. People accessing fertility treatment get stronger protections, while fertility clinics face new licensing, record-keeping and reporting obligations with significant penalties for breaches.
Key changes
- All fertility clinics must be licensed by Queensland Health, with penalties of up to 400 penalty units or 2 years imprisonment for providing unlicensed ART services
- A central Donor Conception Information Register is established in the Registry of Births, Deaths and Marriages, operating retrospectively so all donor-conceived people can access their donor's identity from age 16
- A 10-family limit is imposed on the number of Australian families that can use gametes from a single donor, and donated gametes or embryos cannot be used more than 15 years after collection without approval
- Sex selection for non-medical reasons is prohibited, as is creating embryos from gametes of close family members and performing ART procedures on children
- The Anti-Discrimination Act exemption allowing fertility clinics to discriminate based on sexuality or relationship status is removed, ensuring equal access to ART for all Queenslanders
- ART providers must keep records for at least 99 years and are prohibited from destroying any records, including historical donor conception records, with penalties of up to 400 penalty units
- Mandatory counselling is required for all people involved in donor conception programs, and donors cannot restrict use of their gametes based on protected attributes such as the recipient's marital status or ethnicity
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee22 May 2024View Hansard
Referred to Health, Environment and Agriculture Committee
The Community Safety and Legal Affairs Committee examined the Assisted Reproductive Technology Bill 2024, receiving 34 written submissions and holding a public hearing with a wide range of stakeholders including medical professionals, ART providers, donor-conceived people and religious bodies. The committee unanimously recommended the bill be passed, finding that Queensland's largely unregulated ART industry needed a robust legislative framework. Key issues examined included the proposed 10-family donor limit, the establishment of a retrospective donor conception information register that prioritises donor-conceived people's right to know their genetic origins over donor anonymity, and the removal of a provision in the Anti-Discrimination Act that permitted discrimination in ART services based on sexuality or relationship status.
Key findings (5)
- Stakeholders broadly supported the bill's objectives, though some raised concerns about the donor family limit, the donor conception register, and the birth certificate addendum procedure
- The committee found that the current self-regulatory model for ART services in Queensland has gaps and risks, supporting the introduction of a mandatory licensing scheme for ART providers
- The committee concluded that placing donor-conceived people's right to know their genetic origins above donor anonymity is justified, noting donors made their decisions as competent adults while donor-conceived people had no choice in their conception
- The proposed 10-family donor limit was found to strike an appropriate balance between protecting donor-conceived people and not unduly restricting the availability of donor gametes, though concerns about disproportionate impact on single women and LGBTIQ+ couples were acknowledged
- The committee supported the addendum approach for birth certificates rather than direct annotation, as it allows donor-conceived people to access information privately without their birth certificate being noticeably different
Recommendations (1)
- The committee recommends that the Assisted Reproductive Technology Bill 2024 be passed.
Committee report tabled
▸Second Reading10 Sept 2024View Hansard
▸10 members spoke10 support
As Minister for Health, moved the second reading and delivered the reply. Emphasised the bill protects donor-conceived people's right to know their genetic origins, establishes a state-based regulatory framework for ART providers, and implements recommendations from the Health Ombudsman's investigation.
“Your rights are enshrined in this bill, which will protect the welfare and interests of people who use assisted reproductive technology and who are born as a result.”— 2024-09-10View Hansard
Supported the bill on behalf of the LNP opposition, noting Queensland was behind other states in regulating ART. Acknowledged the sensitive and complex nature of the issues and the importance of bringing Queensland into line with the rest of the country.
“This legislation will bring Queensland into line with the rest of the country, which we as the opposition see as a good thing.”— 2024-09-10View Hansard
As committee chair, outlined the committee's inquiry process including 34 submissions and a public hearing. Noted broad stakeholder support for the bill's objectives.
“The evidence received by the committee indicates that stakeholders are broadly supportive of the bill's objectives and how it seeks to achieve them.”— 2024-09-10View Hansard
Supported the bill, noting harrowing systemic failures highlighted by the Ombudsman's report. Emphasised Queensland's lack of state-based ART regulation compared to other states.
“It is long overdue for safeguards to be put in place in the industry to protect the interests of consumers, donors and those Queenslanders who are donor-conceived.”— 2024-09-10View Hansard
As committee member, supported the bill and thanked fellow committee members. Acknowledged the joy ART has made possible for families while recognising the need for stronger regulation.
“The industry that has emerged around assisted reproductive technology has enabled families to grow and in many cases has enabled families to exist in circumstances that would otherwise have been impossible.”— 2024-09-10View Hansard
Supported the bill, sharing her personal experience with IVF. Recognised the fertility sector is broadly safe but emphasised that when things go wrong the consequences are lifelong, and reform was clearly needed.
“Our youngest, Albie, was conceived through IVF. She is a beautiful miracle baby and we would not have her without that service.”— 2024-09-10View Hansard
Supported the bill, acknowledging the minister's direction of the Health Ombudsman investigation as a key component in bringing the legislation to parliament.
“The Health Ombudsman's final report stated that its findings indicate a compelling case for the need for proposed legislation to regulate ART providers in Queensland.”— 2024-09-10View Hansard
Supported the bill, providing detailed overview of ART technologies and their importance given one in six Australian couples experience infertility. Noted the need for appropriate oversight and regulation.
“For many Queensland women and couples facing infertility, assisted reproductive technology offers a chance to conceive where natural methods fail.”— 2024-09-10View Hansard
Supported the bill, emphasising the importance of a donor-conceived person's right to know their genetic origins outweighing the donor's right to privacy.
“I strongly agree with the provisions in the bill, particularly in terms of a donor-conceived person's right to know their genetic origin outweighing the donor's right to privacy.”— 2024-09-10View Hansard
Supported the bill on behalf of her community, acknowledging the sensitivities involved and the importance of holding ART providers to rigorous ethical and clinical standards.
“It is of utmost importance to this government that Queenslanders have confidence in assisted reproductive technology providers and know that they are being held to rigorous, ethical and clinical standards.”— 2024-09-10View Hansard