Brave women’s IVF stories sparked need for urgent legislation

Dodgy IVF clinics will be shut down and every child conceived by a donor in the past 50 years will be able to find out their genetic origins under sweeping new laws to be introduced into state parliament.

• Baby swap scandal: Family ‘destroyed’

Dodgy IVF clinics will be shut down and every child conceived by a donor in the past 50 years will be able to find out their genetic origins under sweeping new laws to be introduced into state parliament.

Queensland, which has more clinics than any other state, has lagged behind the rest of the country with no laws to govern the baby making industry, and in the past five years a Courier-Mail and Sunday Mail investigation has exposed shock allegations of a baby swap, claims of one donor with a possible 1000 children, and a sperm donor on an unregulated Queensland tour to impregnate women.

Under the new Assisted Reproductive Technology Bill, Queensland Health will be able to impose conditions on ART providers’ licences, suspend or even cancel a licence, inspect premises or prohibit providers from providing services.

The new legislative framework will also include a multimillion-dollar investment into a gamete and embryo donor register, designed to ensure families will have access to the full history of their origins. The register will be required to include historical donor conception records, including those as far back as 50 years ago.

Health Minister Shannon Fentiman with Danielle Patorniti, Shannon Ashton, Lexie Gunn, and Anastasia Gunn, who helped change the IVF laws. Picture: Liam Kidston

Health Minister Shannon Fentiman said the laws would better protect parents and children in the future, and credited the brave women who told their stories to this newspaper as the catalyst for change.

The harrowing stories sparked Ms Fentiman last November to order the health ombudsman to carry out a systemic investigation into all ART complaints.

“Too many families have been affected by a lack of protections when accessing assisted reproductive technology and we need to ensure this does not continue to happen,” Ms Fentiman said.

“I want to thank Anastasia, Lexie, Danielle and Shannon for their incredible advocacy.

“By bravely speaking up, we have been able to work towards positive changes within the industry which we know will significantly support the lives of many Queenslanders now and into the future,” she said.

Anastasia and Lexie Gunn told their story of an alleged sperm swap. They are suing fertility giant Queensland Fertility Group for millions and the case is still in the courts.

The couple claims the clinic used the wrong sperm to conceive their two youngest sons, both of whom suffer serious health conditions. The women say their family has been destroyed, having falsely believed for years that their three sons were biological siblings.

Shannon Ashton and Danielle Patorniti both have cases being examined by the ombudsman as part of the systemic investigation.

Ms Ashton told of her crippling fear of incest after she claimed a Freedom of Information document she obtained showed the sperm donor she used could possibly have fathered 1000 children.

“We hope that these laws will finally help fix a broken system,” Ms Gunn said.

“When people are going through fertility treatment to have a baby they are at their most vulnerable. It is an emotional rollercoaster. Patients deserve to feel safe and they are in the hands of ethical practitioners. This industry is so important to so many people.”

Welcoming the laws, Ms Patorniti said she promised her son she would push for change.

“The industry needs to be better at testing donations, screening of donors, sharing information and ensuring informed consent,” she said.

Ms Ashton said she had been immersed in the fertility industry for 23 years and wanted to see ethics over profits.

“Parents shouldn’t have to go to online DNA sites for answers. The register will be very welcome for families,” she Ms said.

The register will include comprehensive case management functions and counselling services to support applicants due to the significant emotional impact involved.

Ms Fentiman acknowledges that Queensland has lagged behind the rest of the country when it comes to regulating practices around assisted reproductive technology.

The new laws will bring Queensland into line with Victoria, Western Australia, South Australia and NSW, which already regulate ART.

“Queensland has fallen behind the rest of the country when it comes to regulating practices around assisted reproductive technology, and these changes will help bring us in line with other jurisdictions and provide better protections for Queenslanders,” Ms Fentiman said. The retrospective clause in the new donor register is likely to be a major headache for some clinics, as this newspaper has exposed serious flaws in the keeping of records in past decades.

A retired nurse who collected medical students’ sperm donations at a fertility clinic in the 1970s told The Sunday Mail that the doctor kept records in his head and she often questioned the lack of book keeping. “I would collect the specimens that were left by the students in the hole in the wall outside the clinic,” she said.

“I’d put the $10 cash payments in an envelope for them to pick up. It doesn’t seem like a lot but it was a good perk for young students.

“When the doctor knew he had women coming in the next day who would be ovulating and ready for the insemination, he would call a donor and ask them to drop off a sample at the hole in the wall.”

LUCK A FACTOR FOR NEW MUM

Rebecca Smith with s-month-old son Harvey at home. Picture: Steve Pohlner

It wasn’t an easy journey but Rebecca Smith finally has her miracle baby boy.

“IVF is not easy and it is a highly emotional time and every family deserves to feel safe in the hands of their fertility clinic,” the Warner woman said.

“We started our fertility journey in January 2021 and after several attempts Harvey was born in November last year.”

The first-time mum said she was lucky in that she had 100 per cent trust in her fertility doctor and felt sure her treatment was not all about making money.

“I felt safe and knew my doctor was ethical. I was lucky but I have friends who have also gone through IVF and they have had some terrible experiences. I welcome proper regulation around clinics. Everyone deserves to have the good experience I had.”

Ms Smith said that often IVF was considered an elective procedure and not medical.

“In my mind IVF is a medical industry and should operate under the same ethical standards as any medical clinic. These clinics can bring so much joy to couples and offer an amazing service but families deserve only the best treatment,” she said.

Originally published as Brave women’s IVF stories sparked need for urgent legislation