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South Australia expands donor conception rights with new transparency laws

Changes to donor conception laws enshrine greater transparency over genetic origins

The South Australian government is giving donor-conceived adults access to their genetic heritage information through a donor conception register (DCR).

SA Health says it is the first government agency in Australia to offer a publicly accessible online DCR, and the second to allow donor-conceived people to access information about their genetic heritage retrospectively.

The changes to assisted reproductive treatment (ART) laws allow people to access information dating back to the 1970s, where that information is available and can be verified.

The new laws balance the privacy of people who have donated sperm, eggs or embryos with the rights of donor-conceived people to access their genetic heritage information for their health and wellbeing, SA Health says.

Why genetic heritage matters

“We recognise how important it is for all donor-conceived people to have access to information about their genetic heritage,” says Sinéad O’Brien, the deputy chief executive, strategy and governance, at the Department for Health and Wellbeing in South Australia. “It can play a significant role in the development of a person’s identity and self-esteem, but it can also enable them to access important medical and genetic information for things like family planning.”

The ability to trace genetic heritage can be valuable for medical reasons, as it allows donor-conceived people to better understand their genetic predispositions to certain conditions. This information can help guide health decisions, including whether to undergo screening for hereditary illnesses.

Reflecting community wishes

Australia’s donor conception community, fertility clinics and stakeholders were consulted before the law changed. The final consultation report found that almost 70% of respondents supported or partially supported the proposed changes.

SA Health says this shows community views have shifted since the ART Act was proclaimed in 1988 and ART regulations came into being in 2010, and that the health and wellbeing of donor-conceived people must be better supported.

The consultation process, which involved direct engagement with donor-conceived people, parents, donors and experts in the field of reproductive medicine, enabled lawmakers to develop principles that provide a safe and respectful way for people to access information, O’Brien says.

No more secrets

The changes reflect a shift away from the historical culture of secrecy surrounding donor conception, O’Brien says.

“We hope the DCR will help to further normalise donor conception in our community and encourage more openness and acceptance.”

The DCR does not offer DNA testing and is not searchable, but ensures that available verified information is pre-linked for users to find information about their connections in accordance with the law.

The Government proclaimed the changed Assisted Reproductive Treatment Act 1988 and the Assisted Reproductive Treatment (ART) Regulations 2024 on 28 November 2024. The changed laws, which regulate what information is held on the DCR and who may access it, became operational on 26 February 2025.

A respectful balance

Information is available only to individuals linked to a donor conception treatment in South Australia. This includes donor-conceived people aged 18 or over, donors who have contributed gametes (sperm or eggs) or embryos for use in South Australia, and parents of donor-conceived children born through ART treatment in the state.

With these legislative changes, South Australia joins a small number of jurisdictions worldwide that provide retrospective access to donor conception information, where it is available.

While some donors may have donated under the expectation of anonymity, the shift in legislation acknowledges that access to genetic heritage is increasingly seen as a fundamental right, and enables donor-conceived people to make informed decisions about their health, SA Health says.

Learn more about changes to donor conception laws or access the DCR.

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