There may be a need to move gametes or embryos into or out of Western Australia. This may be because people have relocated, have accessed donor material from interstate/overseas, have accessed assisted reproductive technology interstate, have a surrogacy arrangement with a surrogate in a different jurisdiction or for some other reason.
The Human Reproductive Technology Directions 2021 (external site) sets out the criteria that regulates the movement of gametes/embryos in Western Australia.
Export
Exporting gametes or embryos for a use prohibited in Western Australia (WA) is not permitted including commercial surrogacy or breaching the five-family limit.
Approval from the Reproductive Technology Council (external site) is required to export donated gametes, embryos or eggs undergoing fertilisation for use in an artificial fertilisation procedure.
Applicants must provide an undertaking to provide information for the Department of Health Reproductive Technology Treatment Registers about the outcome of the donation and provision of information on the recipient of the donated material.
Import
Imported gametes, embryos or eggs undergoing fertilisation can be received by a licensed fertility provider for:
- use in an artificial fertilisation procedure;
- use in a research project approved by the Reproductive Technology Council (external site); or
- used under an National Health and Medical Research Council (NHMRC) license (excess ART embryos only).
No specific approval is required for a person/couple to bring their own gametes or embryos into Western Australia (WA).
Where donated material is involved, the fertility provider must be able to meet the requirements of WA law. This includes:
- Counselling: must be to an equivalent standard and by a professional with qualifications equivalent to what is required in WA;
- Screening, quarantine and infection control;
- Consent;
- Family limits;
- Access to information via the Reproductive Technology Treatment Registers.
Donated material can only be imported if the donor or a broker has not received any financial or material benefit from the donation. Evidence must be provided to demonstrate that the donation has been made altruistically and only reasonable expenses have been reimbursed.
The Licensee receiving the imported gametes or embryos must do their due diligence to confirm WA legal requirements have been met. It is the licensee who is responsible for accepting the donor material and the penalties for non-compliance can be severe.
If requirements of WA law cannot be met in relation to the five-family limit or the information for the registers, approval from the Reproductive Technology Council (external site) is required. The Council have discretion to waive these two provisions on compassionate grounds where evidence of exceptional circumstances can be provided. There is no provision for approving an application to import where the other provisions cannot be met. Applicants must be able to demonstrate compliance with the other requirements as part of any import application.