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Changes to Queensland Fertility Laws

What Is Changing? 

Licensed Fertility Clinics 

From now on, every fertility clinic in Queensland must hold a state government licence issued by Queensland Health in order to operate. 

This means clinics in QLD are now formally regulated at both a state and national level, and must meet comprehensive quality and safety checks to maintain approval and their license to operate, including national accreditation through the Reproductive Technology Accreditation Committee (RTAC). 

QFG has long met national accreditation requirements and welcomes this additional oversight. 

All ART procedures must continue to be performed or supervised by a doctor. 

Stronger Consent & Counselling Requirements 

The new laws formalise informed consent processes. 

Patients and donors must: 

  • Receive detailed information before treatment 
  • Provide written consent for each treatment cycle
  • Be able to change or withdraw consent at key stages 

Counselling must be offered and documented for: 

  • Donors
  • Patients using donor eggs, sperm or embryos
  • Partners
  • Surrogacy arrangements 

These are processes Queensland Fertility Group already has in place to ensure patients are fully informed and supported. 

Queensland Donor Conception Register 

A new state-based Donor Conception Information Register is being established. 

Key changes include: 

  • Donor-conceived individuals can access identifying information about their donor from age 16 (previously 18).
  • Clinics must provide donor and treatment information to the register. 
  • Counselling support will be managed as part of the register system. 

The register is still being established by Queensland Health, and further information will be provided by the QLD Government once it becomes operational.  

Queensland Fertility Group’s donor program, which has been operational for over 40 years, will continue to maintain a secure, internal, and confidential database of all donors, recipients, and successful births resulting from their donor programs.  

Donor Limits & Storage Timeframes 

  • A donor in Queensland can create families for a maximum of 10 Australian families (including their own family). 
  • Donor eggs and sperm can be used for up to 15 years, unless an approved extension is granted. 

Previously, there was no formal time limit in Queensland. If you are currently using or storing donor eggs or sperm, our team will guide you well in advance of any storage deadlines and discuss extension options where appropriate. 

Donor Health Information

There are now clearer rules about sharing important health updates from donors. 

At Queensland Fertility Group, we already : 

  • Aim to contact donors every two years to request updated medical information. We know keeping medical details current is important;  for donor-conceived people, for intended parents, and for donors themselves. 
  • Notify relevant parties where required 

As always, we rely on donors to provide accurate and honest medical history. For donors who gave in earlier years, we also seek their ongoing cooperation in providing updated health information wherever possible. 

Use of Donor Gametes After Death

The new legislation clarifies that: 

  • Donor sperm cannot be used after a donor’s death without express consent. 
  • The recipient must also consent. 
  • Clinics must confirm whether a donor is deceased before use. 

This formalises previous interpretations and strengthens safeguards.

Restrictions That Continue to Apply

The following remain prohibited or strictly regulated in Queensland and Australia: 

  • Sex selection, except to prevent a serious genetic condition 
  • ART treatment for minors, unless there is a certified medical risk of infertility (such as cancer treatment) 
  • Use of closely related donor gametes 

These safeguards are longstanding and reflect national ethical standards. 

Record Keeping & Reporting

The new laws require: 

  • ART records to be kept for 99 years 
  • Reporting of pregnancy outcomes and serious adverse events 
  • Records not to be destroyed without authorisation 

 Queensland Fertility Group’s modern-day medical record-keeping systems are digital and secure. The new laws strengthen long-term record-keeping requirements going forward. 

What This Means for You 

For most Queensland Fertility Group patients: 

  • Your treatment pathway does not change. 
  • Your clinical care does not change. 
  • Our commitment to safety, transparency and counselling support remains the same. 

These new laws formalise high standards that have been part of QFG practice for many years. 

If you have any questions about how these changes affect you or your family, please contact our team. We are here to help.