Monash IVF has suspended treatments involving donor sperm and eggs for patients in New South Wales. This decision follows guidance from the NSW Department of Health regarding donor limits. In New South Wales, a donor can only help create embryos for a maximum of five families, including their own. This regulation aims to limit the number of children born to the same donor and reduce the number of genetic siblings.
In a letter to patients, Monash IVF stated that it had previously interpreted the law to mean that a donor could contribute to five families only within New South Wales. However, NSW Health clarified that the law applies globally, meaning a donor cannot create more than five families anywhere in the world. The implications of this suspension for couples in New South Wales using overseas donors who have already exceeded the five-family limit remain unclear.
The suspension comes amid a review initiated by Monash IVF, which was prompted by unrelated cases of embryo mix-ups reported earlier this year in Brisbane and Melbourne. A spokesperson for NSW Health emphasized that the interpretation of the law is not new. "NSW Health has consistently and openly maintained its interpretation that the limit in section 27 of the Assisted Reproductive Technology Act 2007 is a worldwide limit," the spokesperson said. The department plans to reach out to all assisted reproductive technology providers in New South Wales to ensure compliance with this rule.
In a statement, Monash IVF assured that it has always met its regulatory obligations and continues to recruit new local donors while partnering with overseas donor banks to meet patient needs. An email sent to one couple informed them of the treatment suspension, stating, "Monash IVF has made the difficult decision to temporarily pause all treatments using donated gametes in NSW, until we undertake a review of all donor allocations and patient records to identify which of our patients may be affected."
The couple, who wished to remain anonymous, expressed their shock at the sudden pause in their treatment. They had recently arranged for a sperm donor from the United States and were prepared to begin artificial insemination. They reached out to Monash IVF for clarity on the situation, stating, "I think what we need right now is some clarity … Are we facing weeks, months or even years before this matter is resolved?"
Michelle Galea, an advocate for single mothers, reported that many families feel betrayed by the announcement. She has heard from at least 50 families in New South Wales who are distressed by the news. "It's very distressing. People are now questioning everything … [and saying] 'I thought I was going to a professional industry that's highly regulated.' They're all unsure and don't understand how it couldn't be regulated," Galea said.
Families who have already used donated material that resulted in a child will not be affected by the suspension and can continue their treatments. Earlier this year, Monash IVF issued apologies for two separate embryo mix-ups, including one case where a patient was implanted with another woman's embryo, resulting in the birth of a child with no genetic ties to her.