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Fertility giant Monash IVF will escape punishment for breaching the NSW limit on the number of families created by a single sperm or egg donor, clearing the way for women and families embroiled in the mix-up to continue their treatment.
Monash IVF told patients last month it was pausing some treatments while it investigated which clients may have been affected by its “misinterpretation” of NSW’s five-family donor limit.
Patients at Monash IVF are among those affected by the breach. Credit: Luis Enrique Ascui
The rule prevents IVF providers from using donors whose sperm or eggs have helped create more than five families – including their own.
The ASX-listed company said it had considered the limit to apply to the number of women in the state with the same donor, but had recently been informed by NSW Health that it was a global limit.
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NSW Health announced on Thursday it would allow IVF providers to continue providing treatment to women and families who had already used or reserved donor materials breaching the legislation, in recognition of “the significant emotional, physical and financial impacts” on families.
The exemption applies to women who, before October 1, had an embryo held in storage, had reserved a gamete (sperm or egg) held in storage at a NSW clinic, or had reserved donor material stored outside NSW and had started treatment after July.
NSW Health said it would not take regulatory action against any assisted reproductive technology (ART) provider treating women and families to whom the exemption applied.
Health Minister Ryan Park said the exemption would provide certainty to affected women and families.
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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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