Mum given approval to use her last embryo after Queensland Fertility Group caught up in new IVF laws

A Toowoomba woman has been given the all clear to have her last embryo implanted, but dozen’s of women across Queensland remain trapped behind tough new IVF laws.

A Toowoomba woman has been given the all clear to proceed with an embryo transfer, but dozen’s of women across Queensland remain trapped behind tough new IVF laws.

A Toowoomba mother whose IFV provider cancelled an embryo transfer at the last minute out of fear it breached newly strengthened laws has been given the all clear to proceed.

It was welcome news to Sarah* after she spent the Mother's Day weekend in tears.

“I was happy but tired,” she said.

“I had been crying for four days. I had barely slept.”

Sarah sourced donor sperm through the US provider Xytex six years ago to fertilise three of her eggs.

One embryo resulted in the birth of her son and she had hoped to use the remaining embryos after he asked for a sibling.

Unfortunately, the second transfer failed.

Her age and underlying medical condition meant the third embryo was her last, best hope for another child.

“It wasn’t a great weekend,” she said.

Sarah had already started hormone therapy with a view to implant the embryo on May 14 but received a call from her provider, the Queensland Fertility Group, just days before the procedure, telling her the procedure had to be cancelled.

Changes to the Queensland IVF law brought in under the previous Labor Government, with support from the LNP and the Greens, had been retroactively applied to embryos that were already fertilised and frozen.

The law made it illegal for Queensland providers to use embryos that contained material from male donors who had not provided their contact information, or the details about other children they had helped to conceive.

That information was needed so their children could request contact when they turned 18, and to limit the number of children a sperm donor could conceive.

Speaking with the Chronicle on Monday, Sarah said she was floored by the news.

“I made this embryo a long time ago and the chance of me having another baby without this are slim,” she said.

“I think it is important that my son has a genetic connection to his sibling.”

“When the government changes the building code it does not retroactively apply it to older buildings, so why are they doing it to me?

That Sarah had specifically sought a donor who agreed to be contacted any future children added further insult to the decision.

The single mother is one of about two dozen Queensland women whose embryos had been caught in legal limbo by the changes, after Xytex refused to comply with the new laws by providing the donors personal material.

QFG has clients in Toowoomba, Mackay and Brisbane who are affected.

In a statement, QFG said it was working with QLD Health to finalise the details of a more appropriate, patient centred resolution to this difficult issue.

The Herald Sun has reported that up to 11 Queensland clients of Monash IFV have fallen victim to Xytex’s refusal to co-operate.

The Chronicle put Sarah’s concerns to QFG, the Queensland Health Minister Tim Nicholls and Xytex on Monday.

By Tuesday, QFG had reversed its position, and Sarah has scheduled a transfer for June.

“QFD told me it would review the decisions on a case-by-case basis,” Sarah said.

A Queensland Health spokeswoman said there was nothing in the new law preventing local providers from contacting donors directly, affectively sidestepping Xytex.

“Queensland Health has been working closely with providers to understand their concerns about compliance with Section 33 of the Assisted Reproductive Technology Act 2024,” she said.

“Queensland Health has consistently communicated the government’s approach will focus on education rather than enforcement while Queensland Health explores amendments to address concerns raised by providers.”

Xytex has been contacted for comment, but has not replied.