‘Dangerous and completely unethical’: Fertility industry ‘gender shopping’ crackdown

Shocking allegations of gender selection within the state’s embattled fertility industry are being investigated by the health ombudsman.

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Shocking allegations of gender selection within the state’s embattled fertility industry are being investigated by the health ombudsman.

The revelation comes amid moves to make it illegal to design babies by gender, with a Bill tabled in Queensland Parliament on Wednesday that would see providers who break the rule face two years’ imprisonment.

“Gender shopping is dangerous and completely unethical and hearing techniques were potentially being used to promise families a particular sex was extremely concerning, this new legislation will put a stop to that practice,” Health Minister Shannon Fentiman said.

While sex selection is carried out in some medical circumstances to reduce the risk of transmitting a genetic abnormality or disease, it will be against the law for doctors to meet the demands of parents who want a boy or a girl.

Minister for Health, Mental Health and Ambulance Services Shannon Fentiman. Photo: Steve Pohlner.

Ms Fentiman ordered the health ombudsman to carry out a systemic investigation into assisted reproductive technology (ART) providers across the state in November, sparked by a series of horror stories told by brave women during a five-year Courier Mail and Sunday Mail investigation.

The stories exposed allegations of a sperm swap, one donor with a possible 1000 children and a sperm donor on an unregulated Queensland tour to impregnate women.

The ombudsman’s review report shows the probe revealed significant systemic problems relating to Queensland clinics which warranted inclusion in new laws, including the area of sex selection.

The report states: “An OHO investigation into allegations of sex selection is currently in progress. The OHO did not identify any other issues raised about sex selection with individual providers during the review of adverse events and audit reports, which is unsurprising given the ethical and regulatory sensitivity of this practice.”

“While there were limitations in the data considered in this investigation, the OHO’s examination of the potential issues associated with sex selection identified the need for these issues to be considered as part of regulation and legislation around the provision of ART,” the ombudsman stated.

Ms Fentiman tabled the new Assisted Reproductive Technology Bill on Wednesday, bringing Queensland in line with other Australian states.

Health Minister Shannon Fentiman has ordered an investigation into shock claims of gender selection.

While Queensland has more IVF clinics than any other state there are currently no fertility laws protecting vulnerable Queenslanders paying as much as hundreds of thousands of dollars to have a baby.

Clinics adhere to National Health and Medical Research Council (NHMRC) Ethical Guidelines and The Reproductive Technology Accreditation Committee (RTAC) Code of Practice.

The legislation which is expected to be passed within weeks will allow Queensland Health to impose conditions on ART providers’ licences, suspend or even cancel a licence, inspect premises or prohibit providers from providing services.

Ms Fentiman said the laws were about ensuring the “wellbeing and the interests of people receiving fertility treatments”.

“The journey to becoming a parent is different for everyone, and those who struggled to conceive can experience stress and heartache,” she said.

“There have recently been concerning reports of failures involving providers in Queensland. I wanted today to thank and acknowledge the families and individuals who have spoken up and brought these issues to light,” she said.

The Bill also introduces safeguards against the misuse of gametes and embryos by prohibiting or restricting uses that are considered unacceptable.

It prevents donated gametes being used across many decades and prohibits the use of donated gametes and embryos that were obtained more than 15 years before the ART procedure

The Bill does not impose any time limit on the use of a person’s own gametes, which must be used only in accordance with their consent.

The Bill also prohibits the use of a gamete or embryo after the gamete provider has died, unless specific exceptions apply.

Originally published as ‘Dangerous and completely unethical’: Fertility industry ‘gender shopping’ crackdown