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

Wednesday March 8, 2017

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-… Read More »Custom Single Post Header

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

Wednesday, March 08, 2017

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.

Things to Read, Watch & Listen

Submission to Inquiry Into Matters Relating to Donor Conception Information

On 24 February 2022, the Legislative Assembly agreed that the Legal Affairs and Community Safety Committee inquire into and report on the rights of donor-conceived persons to access genetic information about their donors.

Quick overview of Canadian surrogacy laws

I was delighted when Canadian surrogacy lawyer (and mum through surrogacy) Cindy Wasser from Hope Springs Fertility Law recently sent through to mutual clients her quick guide to surrogacy law in Canada.

Canada: Father Obtains Custody of Children and Is Awarded Almost $700,000 in Costs

In an extraordinary case, a Canadian court has ordered that two sons aged 5 and 7 live with the father and that the mother pay the father $677,610 in costs.