Consent for assisted reproductive technology procedures

Effective consent:

• a voluntary agreement, not obtained by coercion or deception,
• by a person who is known to be able to make reasonable decisions,
• applies to a specific treatment or procedure,
• informed through the provision of accurate and up to date information and
• is provided in writing.

Licensed fertility provides must ensure that effective consent is given by:

• anyone undergoing an artificial insemination (AI) or in vitro fertilisation (IVF) procedure and their spouse/de facto partner (if applicable);
• gamete (sperm/egg) donors and their spouse/de facto partner (if applicable);
• gamete recipients and their spouse/de facto partner (if applicable);
• person/s for whom an embryo was developed;
• anyone undergoing pre-implantation genetic testing (PGT);
• research participants.

Effective consent must be obtained before:

• any AI or IVF procedure;
• the use of donated gametes;
• the use of an embryo or egg under fertilisation;
• allowing an embryo to succumb;
• performing pre-implantation genetic testing;
• undertaking innovative procedures or research;
• before conducting any other add-on procedure;
• using excess ART embryos.

Prior to giving consent, the person must have been provided with oral information and written materials.

IVF procedures

Information and consent materials must include:

• the effect of providing the consent
• the ability to change the consent or withdraw it
• accurate, objective information about treatment options and success rates
• whether a treatment is an innovative or routine practice
• potential risks, side effects, long term outcomes for participants and any child born from a procedure
• limitations in current knowledge
• what will happen with patient data and treatment information including submission to the WA Department of Health Reproductive Technology Registers;
• information on counselling, including where this is mandated under the Human Reproductive Technology Act 1991 (external site) or Human Reproductive Technology Directions 2021 (external site)
• information that posthumous use of gametes is not permitted.

Donor assisted conception

Information and consent materials must include:

• effect of the Artificial Conception Act 1985 (external site) on legal parentage status
• what will happen with patient and treatment information including submission to the Department of Health Reproductive Technology Treatment Registers
• rights of donors, participants and children to access information from the Department of Health Reproductive Technology Treatment Registers
• medical and social implications of donation
• limitations on storage, specifying maximum storage period, any conditions impacting when the gametes or embryo may or may not remain in storage, and what is to be done to the egg, embryo or sperm if the person who gave the consent is unable to vary or withdrawn the terms of consent
• advice on the need for recipients to refrain from sex during treatment (so there’s no confusion over the parentage of the child).

People considering donating excess ART embryos

Information and consent materials must include:

• the right to withdraw consent
• limitation on storage
• advice that further consents may be sought for a specific use and there is no obligation to permit this use.

Licensed fertility providers must:

• comply with the full consent requirements set out in the Human Reproductive Technology Act 1991 (external site);
• submit consent forms and patient information sheets to the Reproductive Technology Council (external site).