Donor confidentiality and the access of identifying information

Donations can be made anonymously BUT a donor must consent to having identifying details accessible to any donor conceived child at the age of 18, upon request by the child.

These details are: full name, address and date of birth. (See NHMRC “Ethical guidelines on the use of assisted reproductive technology in clinical practice and research”, June 2007 – www.nrmrc.gov.au)

Other information about the donor and the outcomes of the treatment is stored in clinic records. Strict practices apply to the protection of confidentiality.

Non-identifying information made available to the recipients includes the donor’s physical characteristics, family background, level of education, marital status, number of children in own family, area of occupation, blood group, interests, hobbies and a summarised personal health history.

The donor may wish to provide further information or a social history form which may be passed on to recipients.

Donor legal rights and responsibilities

Donors’ legal rights and responsibilities in Australia are covered by the Parentage Act 2004. This states that the domestic partner of the recipient is presumed to be a parent of any child born from the donation of gametes or embryos. The donor is conclusively presumed not to be a parent (mother or father) of any child born as a result of pregnancy. Hence the donor has no rights in relation to the child and no responsibilities, even if the donor is known to the recipient.

If you would like further information regarding the legal aspects of gamete and embryo donation in Australia you may be interested in the website Health Law Central : www.healthlawcentral.com.  Please note that we are not affiliated with Health Law Central and cannot guarantee the validity of information contained within this website.

Consent

There are various consent provisions which donors must be aware of. These relate to:

  • withdrawal of consent in the case of change of mind or change of circumstances
  • the requirement of the donor’s spouse/partner to consent (if the donor has one)
  • what happens in the event of the donor’s death
  • other matters relevant to the donor

These provisions should be discussed in counselling sessions and also be covered in the consent forms donors sign.