Changes to assisted reproductive technology in the ACT
Information for people using assisted reproductive technology (ART) in the ACT.
The ACT has introduced assisted reproductive technology (ART) laws.
ART is a medical treatment that helps people become pregnant and grow their family.
The new laws aim to:
- make sure ART services in the ACT are safe and ethical
- protect the health and wellbeing of people using ART
- protect the welfare and interests of donor-conceived people.
What has changed
Family limits
There is now a limit on the number of families that can be created from a donor’s gametes.
Family limits:
- reduce the chances of people having an intimate relationship with a biological sibling or relative
- prevent the poor health and wellbeing impacts of having large numbers of genetic siblings.
The new family limits in the ACT allow:
- 5 families from a single donor in the ACT
- 10 families from a single donor Australia-wide.
A donor can choose a lower family limit for their gamete.
In situations where both partners wish to carry a pregnancy using gametes from the same donor, it is counted as one family.
Exceptions to family limits
There are exceptions to family limits if you started ART treatments before 29 September 2024.
Read about what these changes mean for you.
Time limits on donated gametes or embryos
There is a time limit of 15 years on the use of donated gametes or embryos.
Preventing discrimination
Donors are not able to specify classes of people who can or cannot use their gametes/embryos.
This protects people undergoing ART treatment from discrimination.
Use of gametes after someone has died
It is illegal to use gametes from someone who has died.
There are 2 exceptions to this:
- if the donor left written consent
- If there are exceptional circumstances and with Supreme Court approval.
Introduction of an ACT donor register
The new laws will introduce an ACT donor register.
The register will make it easier to find out about your genetic heritage.
The donor register will start on 28 March 2025.
Read more about the ACT donor register.
Accessible information pathway
The accessible information pathway started on 28 September 2024.
It provides another way to get information.
You can get certain non-identifying information about a donor directly through the ART provider if you are a:
- mature donor conceived person
- parent of a donor conceived child
The ART provider must help with information requests.
A donor may also agree to release some identifying information. If they consent, you can get the information from your ART provider.
What these changes mean for you
If you have already started ART treatments
Transitional arrangements are in place for people who started ART treatments before 29 September 2024.
If you already had a donor-conceived child before 29 September 2024
Up until 29 March 2039, you can continue to access gametes from the same donor to complete your family.
If you became pregnant using donor gametes or embryos before 29 September 2024
Up until 29 March 2039, you can continue to access gametes from the same donor to complete your family.
If you had formed embryos in storage before 29 September 2024
Up until 29 March 2039, you can continue to use those embryos.
If a pregnancy is achieved using those embryos, then up until 29 March 2039, you can access new gametes and embryos from the same donor to complete your family.
If you obtained gametes or had gametes allocated to you before 29 March 2024
Up until 29 March 2039, you can continue to use those gametes.
If a pregnancy is achieved using those gametes, then up until 29 March 2039, you can access new gametes from the same donor to complete your family.
If you obtained gametes or had gametes allocated to you between 29 March 2024 and 28 September 2024 (inclusive)
You do not have to meet family limits and time limits on use of those gametes.
Your ART provider must collect certain information about your donor, but it does not need to be given to the donor register.
Provided that the required information is collected about your donor, up until 29 March 2039, you can continue to use those gametes.
Provided that the required information is collected about your donor, if a pregnancy is achieved using those gametes, then up until 29 March 2039, you can access new gametes from the same donor to complete your family.
If you have not started ART treatment by 29 September 2024
The laws regarding use of gametes and embryos apply if, before 29 September 2024, you did not:
- have a donor-conceived child
- have a pregnancy from a donated gamete/embryo
- have embryos in storage
- obtain gametes or have gametes allocated to you.
Read the legislation
Go to the ACT Legislation Register to read the:
Contact us
If you have questions about the new laws email art.healthpolicy@act.gov.au.