Assisted reproductive technology legislation
The Assisted Reproductive Technology Act 2024 (ART Act) was passed by Queensland Parliament on 10 September 2024 and will be commenced in stages.
The ART Act aims to improve confidence in Queensland’s assisted reproductive technology (ART) industry by providing greater oversight, transparency and safeguards.
It aims to ensure the welfare and interests of people receiving treatment and people born as a result of ART. In administering the laws, the welfare of people born as a result of ART, is most important.
The legislation will enable Queensland Health to regulate ART providers and act in the event of a breach. It will also support the operation of the donor conception information register by the Registry of Births, Deaths and Marriages.
Guidance for new laws starting soon
Some of the new laws in the ART Act have commenced, so it is important that ART providers understand their roles, responsibilities and obligations.
A guidance document has been created for ART providers’ executives, managers and staff who are responsible for ensuring systems and processes are in place.
Summary of new laws
The new laws reflect industry best practices or streamline existing ones, so providers do not need more time to prepare. They are:
- Prohibitions on sex selection, use of gametes where both gamete providers are closely related, and ART treatment on a child (except obtaining a gamete for the future benefit of the child in limited circumstances).
- Requirements for ART providers to collect information from patients and gamete providers, keep records, and not destroy records.
- Enabling ART providers to disclose health information to impacted people.
- A streamlined framework for the retrieval of gametes from deceased and unresponsive persons.
- Powers for Queensland Health inspectors to enter places and inspect and seize property.
Fact sheets
In addition to the overarching guidance, the below fact sheets have been produced to address some parts of the Act that have commenced:
- Information collection and record keeping (PDF 661 kB)
- Disclosure of health information (PDF 596 kB)
- Retrieval of gametes from deceased or unresponsive persons (PDF 938 kB)
- Retrieving sperm or eggs after death – information for surviving partners (PDF 122 kB)
Implementation of remaining laws
The remaining laws in the ART Act commence later as they require time to be implemented. This implementation period will give ART providers, Queensland Health and the Registry of Births, Deaths and Marriages time to establish relevant systems, policies and processes. The timeframe for the implementation of the remaining laws will be confirmed.
A dedicated team has been established in Queensland Health to deliver the new regulatory scheme for ART in Queensland. This team will develop guidance, resources, licensing framework, and other requirements necessary to operationalise the legislation.
The ART Act was informed by a significant amount of public consultation. Queensland Health will continue consultation with key stakeholders during implementation, including the donor conception community, users of ART services, the ART industry and health stakeholders. This feedback will help shape implementation to make sure the new system is meaningful, meeting its objectives, and fit for purpose.
Donor conception information register
The Registry of Births, Deaths and Marriages is responsible for the establishment of the donor conception information register.
Queensland Health is working closely with the Registry of Births, Deaths and Marriages during the implementation period.