We are writing to inform you of a recent clarification from NSW Health regarding donor gamete legislation that affects all NSW fertility clinics.
For more than 10 years, Demeter and many other ART providers operated under legal advice that the “five family limit” in the Assisted Reproductive Technology Act 2007 (NSW) applied within NSW. NSW Health has now confirmed that this limit applies worldwide.
While this clarification differs from the advice previously provided to us by independent legal experts, Demeter Fertility will now align our practices with the updated interpretation.
Further, with the understanding that this impacts many clinics across the state, NSW Health has provided an exemption for patients who are currently undergoing or have previously undergone treatment with donated gametes.
For patients currently in or preparing for treatment:
- If you purchased or had reserved donor gametes before 1 October 2025, you may continue treatment using these gametes, regardless of the family limit.
- If you have reserved or purchased donor gametes after 1 October 2025, the worldwide five family limit will apply, and you may only use donor gametes that have a world-wide 5-family slot available.
We understand this change may affect your treatment planning. Our team is here to support you and answer any questions about how this may apply to your situation, please see more information provided by NSW Health here.