The Complexity of Surrogacy in Australia
In this video, Stephen Page from Page Provan Family and Fertility Lawyers explores the complexities surrounding surrogacy in Australia. With the upcoming changes in regulations, Australia will soon have eight different systems governing IVF clinics across its states and territories. Stephen breaks down the implications of these varied regulations for clinics and patients alike, highlighting the challenges faced by the industry in maintaining compliance across state borders. Tune in to understand the impact of these changes on the surrogacy landscape in Australia.
Video Transcript
G’day, Stephen Page Page from Page Provan Family Fertility Lawyers. And today, I’m talking about something that’s about to happen that makes no sense at all. And that is, by October, Australia, with a population of 27 million, will have seven systems of regulation of IVF clinics. Just think that through. Seven million in a population of 27 million. We’ve got about the population of Shanghai. Shanghai, apparently, has about 26 million. And of course, they don’t have seven systems for that city. But we do because we’re going to have different central donor registries in Queensand, New South Wales, the ACT, Victoria, South Australia, and Western Australia. And we’re going to have, actually, I might be right, it might be eight systems. Might be eight. I’ve got my numbers wrong. I was a lawyer, maths weren’t my forte because we’re going to have a The Assistered Reproductive Technology Act in Queensland that I anticipate will be enacted well and truly and come into place by October. We have the Assisted Reproductive Technology Act in New South Wales. We have an Assisted Reproductive Reproductive Technology Act in the ACT, which has been enacted and I anticipate, will come into effect in this part sometime between now and March 2025.
We have the Assistered Reproductive Treatment Act in Victoria. We have the Assistered Reproductive Treatment Act in South Australia, and we have the Human Reproductive Technology Act in Western Australia. And Northern Territory derives itself in part from the South Australia, although it doesn’t have formal rules. It relies on the National Health and Medical Research Council ethical guidelines for assisted reproductive technology. And Tasmania still has the ethical guidelines as their basis. So eight rules. I said seven, but it’s actually eight. Eight systems for 27 million. And it’s crazy. And when we look at the IVF industry in Australia, we have a very concentrated industry with IVF clinics going across state borders. And if we look at the five biggest clinics, they are Vertis Health. So that’s Queens, Fertility Group, IVF Australia, TES IVF, Melbourne IVF. And the second is Monash IVF. The third is Janaya Fertility. Janaya, for example, operates in Queensland New South Wales, Victoria, ACT, South Australia, and Western Australia. The fourth largest is City Fertility, and the fifth largest is a Cut Price, Adora Fertility. They operate across state borders, and so each and every one of those has to make sure that it’s compliant with the law of this place, which is not the same as the law of the neighbouring state, or the one down the road, or the one across the continent.
