The right to know versus the right to privacy : Donor anonymity and the Assisted Reproductive Treatment Amendment Act 2016 (Vic)

[Extract] On 1 March 2017, the Assisted Reproductive Treatment Amendment Act 2016 (Vic) came into effect, allowing for the retrospective release of anonymous donor information to donor-conceived children.1 The legislation, an Australian first, allows donor children to know the name, date of birth, ethnicity, physical characteristics, genetic conditions and donor code of their donor parents, even where anonymity has been requested. Donor children can access information about their biological parents through a new “one-door-in” service to be provided by the Victorian Assisted Reproductive Treatment Authority (VARTA), which is now managing the state's central donor registry and providing information and support to donor-conceived people, parents, donors and their relatives. The donors affected by the legislation are those who donated before 1 January 1998; anonymous donation ceased in Victoria after that date.

Many commentators have welcomed the Victorian reforms and believe that they will help mend the fractured sense of identity that some donor children experience.2 Yet critics point out that the legislation violates donors' right to privacy. Some would suggest that this is of even greater importance than the desire of donor children to know their biological parents. As other legislatures review their donor anonymity legislation, it is useful to review the main ethical and sociological issues surrounding the Victorian model.