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“We are striking a fair and reasonable balance between regulations and protections,” he said.
A Monash IVF spokesperson thanked NSW Health for granting the exemption.
“We know this has been an incredibly difficult time for our patients, and we acknowledge and sincerely apologise for any uncertainty and distress this has caused,” they said.
A spokesperson for rival provider IVF Australia, owned by Virtus Health, said the legislation “has been silent on where donor sperm can be allocated” and warned the crackdown could hike up fees.
“Donor supply is already inadequate and the impact of these changes may also increase the cost of treatment for patients,” they said.
A NSW Health spokesperson said providers had been reminded the rule applied “whether in NSW or elsewhere, including overseas”.
“This limit has not changed in scope or quantity since the ART act commenced,” they said.
Donor limits in each state or territory
- ACT: Five families in the ACT or 10 families Australia-wide
- NSW: Five women
- Northern Territory: No limit
- Queensland: 10 families (from mid to late 2026)
- South Australia: 10 families
- Tasmania: No limit
- Victoria: 10 women (women in same-sex relationships can use the same donor for genetic siblings, and existing families can use more than one surrogate for genetic siblings)
- Western Australia: Five families
A rapid review into the fertility industry, launched by the Victorian Health Department after a slew of high-profile mix-ups, noted there was a lack of clarity about how donor limits applied across Australian jurisdictions.
All states and territories except the Northern Territory and Tasmania limit the number of families a donor can create. NSW is the only state that applies the limit to women rather than families.
The nation’s health ministers universally voted to accept all recommendations from the review, paving the way for a nationally uniform accreditation scheme overseen by the independent Commission on Safety and Quality in Health Care.
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