Victorian law protects the right of donor-conceived people to information about their origins at age 18 (or earlier under some circumstances), and also gives other people involved the right to apply for this information under certain conditions.
Whether you create (or have created) your family with assistance from a clinic-recruited or known sperm donor, egg donor or surrogate; whether you do so at a registered fertility clinic or at home, there are requirements for registering information about your child’s donor origins with Births, Deaths and Marriages.
Donor registers have a complex history in Victoria. Where information is stored and who can access it depends on when a child was born, and how they were conceived (ie through home insemination or a clinic).
If you are considering becoming a donor or surrogate, or planning to create your family with help from a donor or surrogate, it’s important to understand how information is lodged, managed and released. Click on the links below, and contact the Victorian Registry of Births, Deaths and Marriages (BDM) for more information.
All of this information is available to download as part of our Rainbow Families information kit.
The Victorian Assisted Reproductive Treatment Act 2008 (ART Act) strengthened the right of donor-conceived people conceived after the Act to information about their origins. Donor register have a complex history in Victoria: access to donor information for people conceived prior to the ART Act depends on when they were born and how they were conceived.
Information about children’s legal parentage and donor origins must be stored with the Victorian Registry of Birth, Deaths and Marriages. Who does so depends on the circumstances of conception. Birth certificates and donor records for children born prior to the current laws can now be amended to reflect the reality of children’s legal parentage and donor origins.
The Victorian ART Act defines who can apply for information about a person’s donor conception, including the person themselves, their parents, descendents or donor. Access to information for people born prior to the current law is complex, and depends on the date of birth. Various resources and counselling are available to assist donors, donor-conceived people and their families in the process of considering and making an application for information.
Rainbow Families Council produced this information kit in October 2010. We have made every effort to ensure the kit is correct, but accept no liability for information given. Information will be regularly updated on our website. We strongly advise that you seek medical and legal advice and specialist counselling relevant to your specific situation.