Storing gametes and embryos

Gametes, embryos and eggs undergoing fertilisation can only be stored where there is an effective consent in place.

Storage consent must be provided by donors and recipients of any donated material. The storage (including time limits) must occur in accordance with the consent. Storage consent may be varied or withdrawn at any time.

Storage consent must specify the maximum period of storage and provide instructions on what is to be done with the material if the person who gave the consent is unable by reason of incapacity or otherwise to vary the terms of the consent or withdraw it.

Storage consent must also include consent to allow the embryo to succumb at the end of the storage period.

Licensed fertility (storage) providers must maintain records to reflect the expiry date for storage approval.

Providers must have a system in place to identify gametes, embryos or eggs undergoing fertilisation that are nearing the end of their approved storage period.

Requests for embryo storage approval extensions must be made before the expiry of the current approval.

The licensee must take reasonable steps to notify the person/s for whom the embryo is being stored at least three months before the expiry date.

Storage standards required in the Human Reproductive Technology Act 1991 (external site) for a licensed storage provider:

• Reproductive Technology Accreditation Committe (RTAC) (external site) standards for practice, personnel and premises;
• National Association of Testing Authorities (NATA) (external site) standards for laboratories.
• Medical practitioner must be employed for donor screening.

Storage licenses are issued for a 3-year period. 

Licensed storage providers must have a protocol, which aligns with the RTAC and NATA standards, and this must be provided to the Reproductive Technology Council (external site) for approval.

The protocol must address the process for managing embryo extensions. Changes to the protocol must be documented in the licensed fertility provider’s annual report and this must be provided to the Reproductive Technology Council who will determine if the change is approved.

Storage providers must provide data to the Department of Health Reproductive Technology Treatment Registers as per the Data Submission Specification.

There is no legislated requirement on the length of time gametes (sperm or eggs) can be stored, however duration of storage must be included and be documented throughout the consent process. Posthumous use of gametes is prohibited.

The maximum time that an embryo may be stored is ten years. Approval from the Reproductive Technology Council (external site) is required, prior to expiration, to extend embryo storage beyond 10 years.

Where embryos have been donated but not allocated the responsibility for storage extension rests with the donor. Once the embryos have been allocated the responsibility for storage extension rests with the recipient.

Before the end of an approved storage period persons for whom an embryo has been created have the following options:

• use the embryo through an in vitro fertilisation process;
• request a storage extension prior to the end of the approved storage period;
• donate the embryo to a known or unknown recipient;
• donate the embryo for research purposes; or
• allow the embryo to succumb.

Application forms

Application for extension of storage of embryos for use in an artificial fertilisation procedure (external site)

Application for extension of storage of embryos donated for research (external site)

Where a licensee has made reasonable attempts to contact:

• persons for whom an embryo has been developed; or
• donors of sperm eggs or embryos in storage; or
• providers of sperm or eggs in storage

prior to the expiration of a storage period, and these attempts have been unsuccessful, the fertility provider is permitted to allow the embryo to succumb.