Family building and the regulation of embryo donation, donor insemination and surrogacy in Australia

The use of assisted reproductive technology (ART) in Australia was initially focused on artificial insemination (AI) with partner or donor sperm to achieve pregnancy. While globally AI has reportedly existed for centuries (Critser 1995), AI and ART in Australia increased significantly following techniques that allowed for the freezing of human sperm and advances in in vitro fertilisation (IVF) (Allan 2017a). In Australia, the first human pregnancy resulting from IVF occurred in Victoria, in 1973, the first child born following IVF was in 1981, and the first child born from egg donation was reported in 1983 (Leeton 2004). At the same time, concern about the social, ethical, and legal questions such practices raised, led to many inquiries to determine whether they were acceptable, to what extent, and to address issues surrounding legal parentage, donation of gametes and embryos. Over time, surrogacy arrangements, which most often involve the use of IVF and may involve the use of donor gametes (eggs or sperm) or embryos, also became the focus of regulation. Tis Chapter provides an overview of Australia’s approach to regulating such practices across its states and territories. It focuses upon eligibility criteria for access to ART, screening of applicants who wish to access ART, access to information about genetic heritage and relations, family limits, and the regulation of surrogacy. While predominantly descriptive in nature the discussion of such regulation highlights the complexity of regulation of ART and surrogacy in Australia, which requires knowledge of multiple jurisdictions’ laws. It also highlights the issues that have been seen in need of regulation, and the regulatory responses that have set boundaries regarding permissible and/or prohibited practices in the respective jurisdictions of Australia and the conditions in which ART and surrogacy may occur.