SA to allow LGBTI couples to access ART and surrogacy, but not singles

SA to allow LGBTI couples to access ART and surrogacy, but not singles

Last week laws passed in the South Australian Parliament to allow for the first time LGBTI couples to access assisted reproductive treatment, including IVF, and surrogacy.

However, the laws do not allow singles to access IVF unless they have a medical need (so this excludes single men), and do not allow singles to access surrogacy- unlike singles living in Queensland, New South Wales, Tasmania and Victoria.

On the face of it, if doctors attempt to provide treatment to singles for surrogacy, they could face a large fine and the loss of their licence- but they may have to, to comply with the federal Sex Discrimination Act.

The new laws will allow doctors to decline to provide treatment based on their conscience- but doctors will have to say so on a public register- and refer the patient to someone who will treat.

The laws commence on a date to be fixed.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

De facto relationship: what counts under family law?

Sharing a home does not automatically make two people a de facto couple. Equally, living apart does not necessarily mean that a de facto relationship cannot exist. Under Australian family law, the question involves more than an address. The central issue is whether the couple’s relationship amounts to living together on a genuine domestic basis.… Read More »De facto relationship: what counts under family law?

Paid egg donation in Australia: is it legal?

Can someone be paid to donate eggs in Australia? The short answer is no. Human eggs cannot lawfully be treated as something to buy or sell. Australia permits altruistic egg donation, not commercial egg donation. But that is not the end of the story. A donor may be reimbursed for reasonable expenses associated with the… Read More »Paid egg donation in Australia: is it legal?

Egg Freezing in Prison: The High Court’s Decision in Smith

Does a prison sentence also mean losing the opportunity to become a parent after release? That question sits at the heart of Smith v Chief Executive, Queensland Corrective Services, a powerful High Court decision about egg freezing, fertility preservation and the limits of punishment. The High Court unanimously found that egg freezing did not fall… Read More »Egg Freezing in Prison: The High Court’s Decision in Smith

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board