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.
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.
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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.
“ART providers in NSW have been reminded they must not provide ART treatment to a woman if the treatment is likely to result in offspring of the donor being born to more than five women whether in NSW or elsewhere, including overseas,” a spokesperson said. “This limit has not changed in scope or quantity since the ART act commenced.”
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