Many families finish IVF with embryos still in storage. Some decide to donate them so another person or couple can have a baby. Embryo donation is legal in every Australian state, and it can be a generous way to give those embryos a future.
It’s also one of the more complex forms of donor conception. The child born will be a full genetic sibling of the donor family’s own children. Two people usually have to consent, and the arrangement can affect both families for decades. We help donors and recipients get the legal side right before any embryo is transferred.
What is embryo donation?
Embryo donation is when people who created embryos during their own IVF treatment give some or all of their surplus embryos to someone else. The recipient has an embryo transferred, carries the pregnancy and becomes the child’s parent.
It’s sometimes called embryo adoption, especially in the United States. In Australia the law doesn’t treat it as adoption. There’s no adoption order, and the recipient becomes a parent through the rules for donor conception.
Who can donate embryos?
Embryos can usually be donated by the people whose eggs and sperm created them, or by a person who has the right to decide about them under the clinic’s consent forms. In practice, clinics require:
- Consent from both gamete providers, where the embryo was created with a couple’s egg and sperm
- Counselling for the donors about the long-term implications for them and their own children
- Identity release, meaning the donors agree to be identified to any child born
- Screening records from the original IVF cycle
If the embryos were created with donor eggs or donor sperm, the original donor’s consent may also be needed before the embryos can be passed on. Check your consent forms, or ask us to review them.
Who are the legal parents after embryo donation?
The woman who gives birth is the child’s legal mother, and her consenting partner is the other legal parent. This comes from the Family Law Act 1975 (Cth) and the Status of Children Acts in each state. Read more on who is a parent under the Family Law Act.
The donors aren’t legal parents of a child born from donated embryos. They won’t be on the birth certificate, have no parental responsibility and don’t pay child support. The same applies to a single woman receiving donated embryos: she’s the only legal parent.
Known or clinic embryo donation?
Clinic embryo donation
Some clinics run embryo donation programs that match donors and recipients who don’t know each other. The clinic handles consent and records, and counselling is built in.
Known embryo donation
Other donors choose to give embryos to someone they know or connect with through a community group. Known donation lets the families decide together how much contact they’ll have. It needs more planning, and a written donor agreement is strongly recommended.
What should an embryo donation agreement cover?
A clinic will look after the medical and consent paperwork. It won’t record what the two families expect of each other. An embryo donation agreement can set out:
- How and when the child will be told about their origins
- Contact between the child and the donor family, including the donor’s own children, who are the child’s full genetic siblings
- What happens to any remaining donated embryos, for example if the recipients want a sibling or no longer need them Privacy, social media and how each family will talk about the donation
- Reimbursement of reasonable costs, since embryos can’t be bought or sold
- What happens if either family separates, moves or has a change of heart before transfer
Agreements like this aren’t strictly enforceable, but they are strong evidence of everyone’s intentions. Each family should get independent legal advice. Our page on donor agreements explains how they work.
Can donors change their minds?
Generally, donors can vary or withdraw their consent until the embryo is transferred. After transfer, they can’t. Some clinics build in a cooling-off period before donated embryos are released. The exact rules depend on your state and the clinic’s consent forms.
Can a child find out who donated their embryo?
Yes. Donors must agree to be identified to any child born. State registers, including Victoria’s and New South Wales’, and Queensland’s new register under the Assisted Reproductive Technology Act 2024, let donor-conceived people apply for information about their donors. Our post on donor information access explains who can apply and when.
Do family limits apply to embryo donation?
Yes. Each state limits how many families can be created from one donor, and the donor family usually counts as one of those families. That matters with embryo donation, because one couple’s embryos may be enough for several recipients. The clinic will track the limit.
Can you be paid for donated embryos?
No. The Prohibition of Human Cloning for Reproduction Act 2002 (Cth) makes it an offence to buy or sell human embryos. Donors can be reimbursed for reasonable costs, such as storage fees, counselling and legal advice, but they can’t be paid.
What if we can’t agree about our frozen embryos?
Donation needs both gamete providers to agree. If you’ve separated, or one of you wants to keep the embryos for future use, a clinic won’t release them for donation. Our guide to frozen embryos, storage limits and separation covers the options when couples disagree.
How we can help with embryo donation
We advise donors and recipients on embryo donation in every state. We can:
- Review your clinic consent forms before you sign
- Draft an embryo donation agreement that reflects what both families want
- Advise recipients on parentage, birth certificates and their child’s rights
- Help with transferring embryos between clinics or interstate (see embryo freezing and gamete transfers)
Read about our donor conception legal services, our advice for recipients of donor gametes or make an appointment.
Frequently Asked Questions
Is embryo donation legal in Australia?
Yes. It’s legal in every state and territory, provided it’s altruistic and meets the clinic’s consent, counselling and identity-release requirements.
Is embryo donation the same as embryo adoption?
It’s the same process. “Embryo adoption” is a term used mostly in the United States. In Australia, the recipient becomes a parent through donor conception law, not adoption.
Will the child be related to the donors’ children?
Yes. A child born from donated embryos is a full genetic sibling of any children the donors had from the same IVF cycle. That’s why counselling and a clear plan for contact matter.
Can single women and same sex couples receive donated embryos?
Yes, in most states. Clinics can’t refuse treatment because a woman is single or in a same sex relationship. Western Australia’s rules are changing when its new Act starts, expected around mid-2027.
