1. How the Family Court can help donor-conceived people

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How the Family Court can help donor-conceived people

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Overview

The Human Assisted Reproductive Technologies (or HART) register started in August 2005 and includes information on donor conceived people, their parents, and donors.

The Human Assisted Reproductive Technologies (or HART) register started in August 2005 and includes information on donor conceived people, their parents, and donors.  

The HART register can help you find out information about your donor conception including your donor’s name, date of birth, address, and the name of the fertility clinic where donation happened. 

You can also check information about yourself held by the HART Register and find out about any other people who were conceived from the same donor — if each person has consented.  

You cannot find out information about any genetic siblings who were not donor conceived. 
 
Find out more about the HART register(external link)

What are my options

  • If you are 18 or older, you can go directly to the fertility clinic or the Department of Internal Affairs to get access to information held on the HART register.
  • Your parents or guardians can also get access to information for you at anytime from the fertility clinic or the Department of Internal Affairs.
  • If you are 16 or 17 years old, you can ask the Family Court for a court order (a document stating you have permission) to get access to information held on the HART register.

How to ask the Family Court for an order

If you are 16 or 17 years old and donor-conceived, and you need to access the HART Register, you can fill in a Family Court application form asking for a court order.  

This order is made by a Judge and sealed by a Registrar. You can present it to the Department of Internal Affairs so you can get access, following the same process as if you were an 18-year-old, to information held on the HART register or at a fertility clinic.

Once you have completed your application form, you must give it to the nearest District Court. You can do this by post, email or by bringing the application to your nearest court in person. 

Find your nearest court(external link)

Process

This process can only be used to apply for an order that gives you access to the HART register. The court can’t give you information on the HART register.

You must get confirmation that you are a donor conceived person and are recorded on the HART register before applying to the Family Court.

Only a donor-offspring who is 16 or 17 years old can apply to the Family Court.

Find more information here(external link) on how to contact the HART register and get your confirmation.

1

Get an application form

Get an application form

If you need the forms sent to you, phone 0800 224 733. You can also pick them up from the court.

Find your nearest court.(external link)

You must print the forms single sided.

2

Fill out the application form

You can fill out the forms either electronically or by hand. If you are filling the forms in by hand, they must be:

  • clearly written in printed letters only
  • filled out in a BLUE or BLACK ballpoint pen.

Put a line through mistakes like this ABC. If you cross anything out, please write your initials in the right-hand margin to show it was done by you.

3

File your application

You can file your application electronically, by post or in person. When you file your application, it must have your signature.

Find out more about how to file documents(external link)

If court staff need more information from you, they’ll get in touch.

Fees

There is no fee or money needed to make this application.

What happens next

Your application is referred to a Family Court Judge.

The Judge will appoint a lawyer, who has a specialist background in family law, to help. The lawyer will meet with you and ask you questions about your application.

After the lawyer has met with you, they will write a report and give it to the Judge.

The Judge then looks at your application along with the report and considers them.

If the Judge is satisfied that making an order is in your best interests, they will make a court order that allows you to be treated as if you are 18 years of age so you can obtain information from the HART Register.

Court staff may contact you if we need more information for your application.

An order will then be given to you, which you can take to the Department of Internal Affairs or a fertility clinic to access information.

Find out more about the Department of Internal Affairs and the HART register
(external link)

Find out more about lawyer to assist

How long it will take

The time it takes for your application to be finalised depends on several things, including:

  • how soon a lawyer can be appointed
  • how soon the lawyer can meet with you and write their report
  • if a judge has asked for more information
  • how soon the Family Court can look at your case