It’s no secret: donor conception laws have changed
Donor conception laws have changed in South Australia to better support the health and wellbeing of donor-conceived people, following significant positive feedback from public consultation.
People conceived in South Australia through donor conception treatment now have the right to access their genetic heritage information on South Australia’s new Donor Conception Register (DCR).
The DCR is a central and secure online archive of South Australian donor conception treatment information from the 1970s (where available and verified) up to the current day that is updated in real-time.
It balances the privacy of people who have donated sperm, eggs or embryos, with the rights of donor-conceived people to know their genetic heritage information.
A history of secrecy and the health impacts
Prior to 1988 there was no legal requirement for doctors and assisted reproductive treatment (ART) clinics to keep records about donor conception treatments. Therefore, due to the culture of secrecy and donor anonymity dating back several decades, gaps do exist in historical records.
SA Health has worked with South Australian ART clinics as well as former ART service providers previously operating in the state, to transfer previously anonymous historical donor conception information (where available and verified) into the DCR.
Sinéad O’Brien, Deputy Chief Executive, Strategy and Governance, at the Department for Health and Wellbeing in South Australia said that allowing donor-conceived people access to information about their genetic heritage – to make informed decisions about their health – is a fundamental right.
“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,” she said.
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Public consultation and support
Public consultation on the planned donor conception law change in South Australia was undertaken in 2021, 2022 and 2024 on the government’s YourSAy public consultation hub.
Feedback from public consultation showed significant support for donor-conceived people to have access to information about their genetic heritage.
O’Brien said individual donors, donor-conceived people and parents of donor-conceived people contributed to this feedback, as well as other stakeholder groups including both the ART industry and donor conception community support groups across Australia.
“We undertook extensive consultation with the donor conception community and the state’s fertility clinics, as well as stakeholders across Australia, to help us develop principles that provide a safe and respectful way for people to access this information,” she said.
The law change
The changed law now requires South Australian ART clinics to keep donor conception records forever.
Proclamation of the new Assisted Reproductive Treatment Regulations 2024 and changed Assisted Reproductive Treatment Act 1988 occurred on 28 November 2024 and became operational on 26 February 2025.
The law change also enables the donor-conception community to access the DCR, and to date many people have visited the DCR resource library to learn more.
“The amendments made to South Australia’s donor conception laws reflect changing community views and the move away from a culture of secrecy around donor conception,” O’Brien said.
The first of its kind in Australia
The DCR uses information from South Australian ART records to connect people who are linked to a donor conception treatment in our state, that resulted in the birth of a child. It is not searchable; people are automatically linked.
South Australia is the first government agency in Australia to offer a publicly accessible online DCR, and the second to provide donor-conceived people with the right to access information about their genetic heritage retrospectively.
“We recognise how important it is for all donor-conceived people to have access to information about their genetic heritage,” O’Brien said.
“And we hope the DCR will help to further normalise donor conception in our community and encourage more openness and acceptance.”
Who can access the DCR?
You can register to access the Donor Conception Register (DCR) if you’re connected to a South Australian assisted reproductive (donor conception) treatment.
This includes:
- donor-conceived people aged 18 years or older, who were conceived as the result of a donor conception treatment in South Australia
- a donor who has ever donated gametes (i.e. sperm or eggs) or embryos for use in South Australia
- the parent(s) of a donor-conceived person where the donor conception treatment in South Australia resulted in the birth of their child.
Where donor sperm, eggs or embryos were transferred between Australian states and territories – the DCR does not have access to the treatment records or to the identity of donor-conceived people whose birth was registered outside of South Australia – even if they are related to a DCR participant and DCR user.
A safe and supported experience
The DCR offers a safe environment for people to access and share information with their connections according to their personal preferences.
If you’re donor-conceived, have ever donated sperm, eggs or embryos – or received donor conception treatment in South Australia – learn more about South Australia’s DCR by visiting sahealth.sa.gov.au/donorconception
