Assisted Reproductive Technology and Surrogacy Bill 2025
Part 3 ART procedures
Division 2 Performing ART procedures
s. 27
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(3) Subsections (1) and (2) do not apply to an ART procedure to1
collect reproductive material from a person if —2
(a) a medical practitioner has certified that there is a3
reasonable risk of the person becoming infertile before4
becoming an adult; and5
(b) the procedure is performed for the purpose of storing the6
reproductive material collected for the person’s future7
use.8
(4) A licensee commits an offence if reproductive material9
collected from a person when the person was under 18 years of10
age is used in an ART procedure before the person reaches11
18 years of age.12
Penalty for this subsection: imprisonment for 2 years and a fine13
of $50 000.14
27. Exceeding 5 family worldwide limit15
(1) A licensee commits an offence if —16
(a) donated reproductive material or a donated embryo is17
used in an ART procedure; and18
(b) the licensee knows, or ought to have known, that using19
the reproductive material or embryo in the procedure is20
likely to result in the 5 family worldwide limit being21
exceeded.22
Penalty for this subsection: a fine of $50 000.23
(2) Subsection (1) does not apply if the Board approves the 5 family24
worldwide limit being exceeded in relation to a specified donor25
and a specified ART participant or intended parent.26
(3) A licensee may apply to the Board for approval to exceed the27
5 family worldwide limit in relation to a donor and an ART28
participant or intended parent.29
(4) The Board may decide to give the approval or to refuse the30
application.31
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ART procedures Part 3
Performing ART procedures Division 2
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28. Disclosure of information permitted to ensure compliance1
with 5 family worldwide limit2
(1) This section applies if a licensee (the first licensee) is3
undertaking due diligence for the purpose of complying with4
section 27 in relation to a particular donor.5
(2) The first licensee may give information about the identity of the6
donor to another licensee for the purpose of asking the other7
licensee for information relevant to determining the number of8
families worldwide related through the donor.9
(3) In response to the request from the first licensee, the other10
licensee may give the first licensee information it has about11
ART procedures, and donated reproductive material or donated12
embryos, relevant to determining the number of families13
worldwide related through the donor.14
(4) In this section, a reference to another licensee includes a15
reference to a person who lawfully provides ART services16
outside the State.17
29. Authorising health practitioners to perform ART18
procedures at other premises19
(1) The licensee may, in writing, authorise a health practitioner (an20
authorised practitioner) to perform an ART procedure for the21
licensee at premises, other than premises stated on the licensee’s22
licence, specified in the authorisation.23
(2) An authorisation can only be given under subsection (1) if —24
(a) the ART procedure is, under the regulations, an ART25
procedure in respect of which an authorisation may be26
given; and27
(b) the authorised practitioner is appropriately qualified to28
perform the procedure; and29
(c) the specified premises are in the State and comply with30
any prescribed requirements.31
Section retrieval-0004 - Assisted Reproductive Technology and Surrogacy Bill 2025 - Document excerpt 4 | Zoe
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 3 ART procedures
Division 3 Parentage of children
s. 30
page 24
(3) This section does not relieve the licensee from any1
responsibility under this Act in relation to the ART procedure or2
affect what may be done under this Act in relation to the3
procedure, including, for example, taking disciplinary action4
against the licensee.5
Division 3 — Parentage of children6
30. Application of Division7
(1) This Division —8
(a) establishes the parentage of a child of a pregnancy9
achieved as a result of an ART procedure for the10
purposes of any written law; and11
(b) applies regardless of whether the ART procedure was12
performed, or the child was born, in or outside of the13
State.14
(2) For the purposes of proceedings in any court, a statement in this15
Division about a matter is conclusive evidence of the matter16
unless otherwise stated.17
31. Child of pregnancy18
(1) A reference in this Division to a child of a pregnancy includes a19
reference to any child of the pregnancy, including —20
(a) an unborn child; and21
(b) a still-born child.22
(2) The reference in section 30(1)(b) to a child includes a reference23
to a still-born child.24
32. Parents of child of pregnancy resulting from ART25
procedure26
(1) A person who becomes pregnant as a result of an ART27
procedure is the parent of a child of the pregnancy, whether or28
Assisted Reproductive Technology and Surrogacy Bill 2025
ART procedures Part 3
Parentage of children Division 3
s. 33
page 25
not the person contributed reproductive material used in the1
procedure or to create an embryo used in the procedure.2
(2) The person’s partner is also the parent of a child of the3
pregnancy —4
(a) if the ART procedure that resulted in the pregnancy was5
performed for the reproductive purposes of the person6
and partner; and7
(b) whether or not the partner contributed reproductive8
material used in the procedure or to create an embryo9
used in the procedure.10
(3) For the purposes of subsection (2) —11
(a) it is presumed that the ART procedure was performed12
for the reproductive purposes of the person and the13
partner; and14
(b) the presumption in paragraph (a) may be rebutted by15
evidence to the contrary.16
(4) The partner’s status as a parent of the child is not affected if,17
before the child is born —18
(a) the marriage or de facto relationship of the partner and19
the person who became pregnant with the child ends; or20
(b) the partner dies.21
33. Donor22
A donor of reproductive material or an embryo is not a parent of23
a child of a pregnancy achieved as a result of an ART procedure24
that uses the reproductive material or embryo.25
34. Deceased person26
(1) This section applies if a pregnancy is achieved as a result of an27
ART procedure that uses the reproductive material or an embryo28
of a deceased person (as those terms are defined in29
section 73(1)).30
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Division 4 Record keeping and access to information
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(2) The deceased person is a parent of the child of the pregnancy1
under section 32(2) only if the ART procedure is performed —2
(a) in accordance with section 78; or3
(b) in another jurisdiction in accordance with a written law4
of that jurisdiction.5
Division 4 — Record keeping and access to information6
Subdivision 1 — Licensee must keep records7
35. Licensee must keep required records8
A licensee must keep, for the prescribed period, a record of the9
information the licensee is required to keep under this10
Subdivision.11
Penalty: a fine of $50 000.12
36. Required records: ART procedures13
(1) This section applies if a licensee provides ART services that14
include performing ART procedures.15
(2) The licensee must keep the following information about each16
ART procedure performed —17
(a) a description of the procedure;18
(b) the verified identity information of the person who19
underwent the procedure and, if the procedure involved20
donated reproductive material or a donated embryo, the21
person’s contact preferences;22
(c) the verified identity information and contact preferences23
of each donor of reproductive material or an embryo24
used in the procedure;25
(d) the verified identity information of each person, other26
than a person mentioned in paragraph (b), who is an27
intended parent in relation to the procedure;28
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Record keeping and access to information Division 4
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(e) if the procedure is performed for the purpose of a1
surrogacy arrangement — that fact;2
(f) a copy of each consent obtained in relation to the3
procedure;4
(g) if the procedure was performed by an authorised5
practitioner — the name of the authorised practitioner;6
(h) whether the procedure achieves a pregnancy that results7
in a birth (including the birth of a still-born child) and, if8
so, the prescribed details of the birth;9
(i) the prescribed information.10
(3) In subsection (2) —11
contact preferences, of a person, has the meaning given in12
section 44(1);13
verified identity information, about a person, means —14
(a) information about the person’s identity; and15
(b) information that a licensee uses to identify the person,16
including, for example, a unique identifying code; and17
(c) information about the way in which the person’s identity18
was verified.19
(4) It is a defence to a charge of an offence against section 35 in20
relation to the information required to be kept under21
subsection (2)(h) for the licensee to prove that the licensee has22
been unable to obtain information about the outcome of the23
ART procedure despite making reasonable efforts to do so.24
37. Required records: storage25
A licensee that provides ART services that include the storage26
of reproductive material or embryos must keep the prescribed27
information relating to the reproductive material or embryos28
stored by the licensee.29
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Division 4 Record keeping and access to information
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38. Required records: register of authorisations1
(1) A licensee must —2
(a) maintain a register of authorisations given under3
section 29(1); and4
(b) if the CEO requests, make the register available for5
inspection by the CEO.6
(2) The regulations may provide for the form and content of the7
register maintained under subsection (1)(a).8
39. Licensee must give information to CEO for register of9
identity and register of ART procedures10
(1) A licensee must give to the CEO, at the prescribed time and in11
the manner approved by the CEO —12
(a) the prescribed information about the ART procedures13
performed as part of an ART service provided by the14
licensee; and15
(b) if an ART procedure mentioned in paragraph (a)16
achieves a pregnancy, the prescribed information about17
all of the following —18
(i) the person who became pregnant as a result of19
the ART procedure;20
(ii) each person who is an intended parent in relation21
to the procedure;22
(iii) each donor of reproductive material used in the23
procedure;24
(iv) each donor of an embryo used in the procedure25
and each person whose reproductive material26
was used to create the embryo;27
(v) whether the pregnancy resulted in the birth of a28
child (including a still-born child) and, if so, the29
prescribed details of the birth.30
Penalty for this subsection: a fine of $50 000.31
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ART procedures Part 3
Record keeping and access to information Division 4
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(2) It is a defence to a charge of an offence for failing to provide the1
information mentioned in subsection (1)(b)(v) for the licensee to2
prove that —3
(a) the licensee has been unable to obtain information about4
the outcome of the pregnancy, despite making5
reasonable efforts to do so; and6
(b) for the reason stated in paragraph (a), the licensee did7
not know about the birth of a child of the pregnancy.8
40. Licensee must correct inaccurate information9
(1) This section applies if a licensee becomes aware that10
information in a record kept under this Subdivision is11
inaccurate.12
(2) As soon as practicable after becoming aware of the inaccuracy,13
the licensee must ensure that the record is updated so that it —14
(a) contains the correct information; and15
(b) clearly identifies the original information that is16
inaccurate; and17
(c) specifies the date on which the information was18
corrected.19
Penalty for this subsection: a fine of $10 000.20
(3) If the licensee becomes aware that information provided to the21
CEO under section 39 is inaccurate, the licensee must, as soon22
as practicable after becoming aware of the inaccuracy, notify23
the CEO of the inaccuracy and provide the correct information.24
Penalty for this subsection: a fine of $10 000.25
41. Confidentiality of information recorded under this Division26
(1) This section applies to the personal information of any of the27
following persons —28
(a) a person born as a result of an ART procedure;29
(b) an ART participant;30
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Part 3 ART procedures
Division 4 Record keeping and access to information
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(c) a person who contributes reproductive material, either as1
a donor or a contributing parent;2
(d) a person who donates an embryo;3
(e) an intended parent in relation to an ART procedure;4
(f) an intended parent under a surrogacy arrangement.5
(2) A person must not disclose any personal information of another6
person held by a licensee unless —7
(a) the disclosure is authorised by this Act or another8
written law; or9
(b) the other person consents in writing to the disclosure of10
their personal information.11
Penalty for this subsection: a fine of $25 000.12
42. False or misleading records13
A licensee must not create a false or misleading record of a14
record the licensee is required to keep under this Division.15
Penalty for this subsection: a fine of $25 000.16
Subdivision 2 — Access to information17
43. Licensee must provide access to information18
(1) This section applies if —19
(a) a person has the right to access information under20
subsection (3), (4) or (5); and21
(b) the information is kept by a licensee under section 36.22
(2) If the person asks the licensee for the information, the licensee23
must —24
(a) give the requested information to the person; or25
(b) advise the person that —26
(i) the requested information is held in the register27
of identity; and28
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ART procedures Part 3
Record keeping and access to information Division 4
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(ii) the person can access the information from the1
register under section 97.2
Penalty for this subsection: a fine of $25 000.3
(3) A person born as a result of an ART procedure who reaches4
16 years of age has the right to access prescribed information5
about —6
(a) the person’s birth parent; and7
(b) if the person is a donor-conceived person — each donor8
in relation to the person.9
(4) Before a person born as a result of an ART procedure (the10
child) reaches 16 years of age, another person who has parental11
responsibility for the child has the right to access prescribed12
information about a person mentioned in subsection (3)(a) or (b)13
in relation to the child.14
(5) A donor in relation to a donor-conceived person has the right to15
access prescribed information about the person.16
44. Contact preferences17
(1) This section applies if a licensee has a record of a person’s18
preferences (contact preferences) about whether and, if so, how19
the person would like to be contacted by another person who is20
entitled to access information about the person under section 43.21
(2) When the licensee gives a person (the first person) information22
about another person under section 43, the licensee must also23
give the first person written notice of the other person’s contact24
preferences.25
Penalty for this subsection: a fine of $10 000.26
(3) A person who is given information about another person under27
section 43 and notice of the other person’s contact preferences28
under subsection (2) must not contact the other person unless29
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Division 4 Record keeping and access to information
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the contact is in accordance with the other person’s contact1
preferences.2
Penalty for this subsection: a fine of $10 000.3
Assisted Reproductive Technology and Surrogacy Bill 2025
Reproductive material and embryos Part 4
Rights over reproductive material and embryos Division 1
s. 45
page 33
Part 4 — Reproductive material and embryos1
Division 1 — Rights over reproductive material and embryos2
45. Rights over reproductive material3
A contributing parent of reproductive material has the right to4
decide what happens to the material, including, for example —5
(a) the ART procedures in which the reproductive material6
is to be used; and7
(b) if the material becomes excess to the contributing8
parent’s needs, whether it is to be donated; and9
(c) the period for which the material is to be stored.10
46. Rights over embryos11
(1) An intended parent of an embryo, or the 2 intended parents of12
an embryo jointly, have the right to decide what happens to the13
embryo, including, for example —14
(a) the ART procedures in which the embryo is to be used;15
and16
(b) if the embryo becomes excess to the needs of the person17
or couple, whether it is to be donated; and18
(c) the period for which the embryo is to be stored.19
(2) An intended parent’s rights in relation to a donated embryo are20
subject to —21
(a) conditions attached to the donation by the donor of the22
embryo; and23
(b) the right of the donor to revoke the donation before the24
embryo is used.25