Last updated 4 March 2025
The Assisted Reproductive Technology Act 2024 (Qld) (ART Act) requires written consent of persons undergoing assisted reproductive technology (ART) services, as well as written consent from persons who provide or donate gametes for use in an ART procedure (ss 16–21 ART Act). Persons undergoing such services have the right to vary or withdraw their consent, except in specific circumstances such as where gametes have been placed into a person’s body or gametes have been used to create an embryo that has been implanted into a person’s body (s 20 ART Act).
ART service providers must also disclose/provide specific information to participants or persons donating gametes/embryos (s 14 ART Act). When disclosing the information specified in the ART Act, the ART service provider is obliged to inform persons that counselling services are available. Those involved in practices that involve donated gametes or embryos (including donors and an intended parent in a surrogate arrangement) must receive counselling services. This reflects the position that in circumstances where donated gametes/embryos are used, there is an obligation to provide the relevant parties with detailed information about the consequences of the decision, particularly information relating to the rights of donor-conceived children to access information (including information about the donor), and the rights of donors to obtain information about children conceived from their gametes.
