By Grant McArthur
The parenthood dreams of some Queensland IVF patients are in jeopardy because their embryos were created using sperm without adequate donor records to meet new regulations.
Shocked patients have been told their fertility treatments are being abandoned because sperm sourced for their embryos via US sperm bank Xytex does not meet stringent identification regulations introduced in Queensland last year.
Queensland tightened its fertility regulations last September.Credit: Getty Images
Monash IVF has informed 11 of its Queensland patients that it has no choice but to cease their treatment. It is believed patients from other clinics are also affected by the regulations.
Under a tightening of Queensland’s fertility rules last September, all clinics in the state must hold detailed identification information for donors used in their treatments, including a phone number and email address for each individual sperm donor.
A Queensland fertility industry source, who was not authorised to speak to the media, said Monash IVF did not have a commercial relationship with Xytex and all the women notified so far had sourced their own donations or transferred their treatment from other clinics after gaining the sperm.
A Monash IVF spokesperson said it had written to Xytex seeking the identification information and urged the company again to provide it.
“This matter would be resolved immediately if the US supplier of the donated material provides us with the information needed to meet the requirements of the Queensland legislation,” the spokesperson said. “We are aware that this issue may also apply to patients who use other assisted reproductive treatment providers in Queensland.
“Monash IVF continues to act in accordance with the 2024 Queensland Assisted Reproductive Technology Act. We have directly contacted our 11 patients who are impacted by this, and we will continue to provide them support in accordance with their individual needs.”
A Queensland Health spokesperson said it has been working closely with fertility providers to understand their concerns about compliance with the new regulations.
“Queensland Health has consistently communicated the government’s approach will focus on education rather than enforcement while Queensland Health explores amendments to address concerns raised by providers,” the spokesperson said.
Victoria’s Department of Health confirmed it also required all donors to provide identifying information, including a phone number, before any donor material could be used in a fertility treatment.
“From 1 January 2025, assisted reproductive treatment providers in Victoria are not permitted to import and use donor material in their fertility treatments until the required certification is submitted to the Department of Health,” a department spokesman said.
A spokesperson for the Fertility Society of Australia and New Zealand said it was aware of the issues faced by some Queensland patients since the legislative changes, but did not reveal how widespread they were.
“Issues such as this again highlight the need for a national approach to how we manage assisted reproductive therapies in Australia,” the spokesperson said. “We remain committed to supporting the Queensland government and all governments to improve legislation for the benefit of patients.”
In a letter sent to one Queensland patient, and seen by this masthead, Monash IVF said that as Xytex would not hand over information about her sperm donation, there was no choice but to cease her treatment cycle.
“Our records show that you have embryos created using donor sperm and a donor sperm in storage with Monash IVF where the donor was recruited by Xytex. Monash IVF currently does not have the required information for this donor,” the letter said.
“Recognising the potential legal consequences of the failure to comply with the Act, Monash IVF has made the difficult but necessary decision to cease treatment cycles where the mandated information is not available.”
In its letter Monash IVF blamed the unwillingness of the Queensland regulator to grandfather its new identification record requirements as well as Xytex’s refusing to hand over the phone number and email address information of its donors for the current issues.
“Monash IVF believes that it is very unfair to apply these new requirements retrospectively to material obtained or created prior to legislation coming into effect and recognises the profound and immediate consequences for patients,” the Monash IVF letter states.
“Monash IVF has contacted Xytex to request the required information from them for the donor on your behalf. Unfortunately, despite several attempts to obtain the required information (including your donor’s phone number and email address) from Xytex, they do not believe they are obliged or authorised to provide the required information.
“Monash has written to the Queensland health minister to highlight this challenging scenario and advocate for patients impacted by the new legislative requirement by asking them to amend the part of the Act. Our communication addresses the financial and psychological impacts for patients unable to use donor material allocated to them and/or their own embryos which they have legally created in good faith.”
The latest issue comes just three weeks after it was revealed an embryo mix-up at a Monash IVF clinic in Queensland resulted in a woman giving birth to a stranger’s baby.
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