New assisted reproductive technology laws

25 October 2018

More children born through Assisted Reproductive Technology (ART) will be able to learn about their biological heritage under proposed new laws.

Health Minister Brad Hazzard said gaps in current laws will be remedied with the proposed changes to the Assisted Reproductive Technology Act, which would require ART providers to confirm if treatment resulted in a birth.

“The changes are intended to ensure that all donor-conceived people, born after the ART Act commenced in 2010, can access details about their biological heritage,” said Mr Hazzard.

“This Bill will close off a loophole where information may not be recorded if parents fail to notify their ART provider if the treatment results in the birth of a child. The onus will be on the ART provider to seek information on the outcome of the treatment.”

ART providers using donated gametes or embryos would be required to take reasonable steps to find out whether the treatment was successful and resulted in a child being born.

The proposal is one of six Acts to be amended under the Health Legislation Amendment Bill (No 3) 2018 covering a range of health issues.

Other proposed changes include:

A range of amendments to the Mental Health Commission Act following a statutory review. These changes will clarify the work of the Commission, and strengthen its impact through: improved strategic planning, strengthening its oversight functions by requiring public sector agencies to respond to Commission reports; and re-focusing its work on systemic reviews, reporting and implementation and advocacy.