In South Australia, assisted reproductive treatment is regulated by the Assisted Reproductive Treatment Act 1988 (SA). Assisted reproductive treatment means a medical procedure designed to artificially fertilise a human ovum, and includes in vitro fertilisation [s 3].

Access to assisted reproductive treatment

A person may access assisted reproductive treatment if it appears to be unlikely that the person will become pregnant without assisted reproductive treatment [s 9(1)(c)(i)]. Access may also be granted where there is a risk that a child conceived naturally will have a serious genetic defect, serious disease or serious illness [s 9(1)(c)(iii)], or for another reason listed in s 9(1)(c) or the Assisted Reproductive Treatment Regulations 2024 (SA).

From 26 February 2025, a person may access assisted reproductive treatment to conceive using the semen or ovum of a person who has died (or an embryo created from gametes of a person who has died), provided the deceased consented to such a use prior to their death, and the use is for the benefit of a person who, prior to the deceased’s death, was living with them on a genuine domestic basis [s 9(1)(c)(iv)]. Prior to 26 February 2025, the law only permitted the posthumous use of sperm.

Recognition of parentage

Under section 10C of the Family Relationships Act 1975 (SA), a woman who gives birth to a child is legally the mother of that child, regardless of whether the child was conceived by the fertilisation of her ovum or someone else's ovum [s 10C(1)].

A person will be legally recognised as the co-parent or father of a child born as a result of a fertilisation procedure if:

If a birth was previously registered with only the birth mother as a parent, it is possible to change a child's birth certificate through Births, Deaths and Marriages to include a co-parent or father, as long as the conditions outlined above apply.

Access to information

The Assisted Reproductive Treatment Act 1988 (SA) requires a donor conception register to be kept that records information about donors of human reproductive material used in assisted reproductive treatment under the Act and resulting in the birth of a child [s 15]. A donor is a person who has provided reproductive material on the understanding that they would not be a parent or legal guardian of any child born as a result of the treatment [s 15(12)].

From 26 February 2025, changes to the Act facilitate greater access to information for donors, recipients, and donor-conceived people, regardless of when a child was conceived, and regardless of whether the donor had understood that their identity would remain anonymous.

From 26 February 2025, a donor is entitled to access the following information held on the donor conception register [Assisted Reproductive Treatment Regulations 2024 (SA) reg 12]:

An adult born as a result of assisted reproductive treatment using donated reproductive material is entitled to access the following information held on the donor conception register [reg 13]:

Regulations 14 and 15 set out the information a parent or guardian of a donor-conceived person is entitled to access, which will depend on whether their child is 18 years or older, or under 18.

Visit the SA Health Donor Conception Register Resource Library webpage for more information about accessing the register.