IVF clinics fear new Victorian legislation is flawed

A panel of IVF experts have called for a Victorian amendment allowing separated women to undergo fertility treatment without their estranged partner’s consent, to be delayed amid concern the legislation is flawed.

A proposed Victorian law allowing women to access fertility treatments using donor sperm, without having to seek permission from estranged spouses, is raising concern among specialists.

Fertility Society of Australia’s IVF directors’ Group Chair David Molloy is calling on the Victorian Government to delay an amendment currently before the state parliament, concerned it may lead to legal challenges.

“We think whilst we applaud the idea of sorting this problem out, we don’t think the legislation is right,” Dr Molloy told the Herald Sun.

“The legislation was rushed into parliament and it is going to cause many problems. It may create as many legal cases as it is trying to prevent.”

happy family. mother playing with her baby in the bedroom.

Experts want called a clear definition of separation enshrined in the law to avoid confusion among clinicians.

Mr Molloy also hit out at the Victorian government for not consulting with the industry body regarding the proposed bill.

Acting Minister for Health Luke Donnellan denied there were problems with the legislative change.

“We promised to get rid of the outdated requirement for a married woman to get the consent of her former spouse to access donor sperm and that’s exactly what we’re doing,” he said.

“The choices a woman makes about her body should not be determined by a former spouse and these amendments are an important step towards ensuring our IVF laws are fair, up to date and reflect the expectations of our modern society.”

Georgie Crozier has concerns. Picture: Josie Hayden

“It’s important that our laws reflect that no two couples are the same and many will experience separation differently based on their circumstances.”

Opposition spokeswoman for health Georgie Crozier said the lack of industry consultation was a worry.

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“Experts have raised significant concerns about potential unintended consequences from this legislation, and yet the Andrews Labor Government continues to arrogantly rush these changes through,” she said.

The amendment in question is proposed to be made to the Assisted Reproductive Treatment Act 2008, and only relates to a woman using her own eggs and not embryos created with their former partner.

Changing the rules was a recommendation in the interim report of the independent review of Assisted Reproductive Treatment Services in Victoria, conducted by Michael Gorton.

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