Victoria: major changes to IVF laws

Victoria: major changes to IVF laws

The Victorian Government has put a Bill before the Parliament proposing major changes to the way that ART and IVF services are delivered. The Assisted Reproductive Treatment Bill 2008 proposes a new regime for the regulation of IVF services.

Some significant features:

  • surrogate arrangements will now be able to occur in Victoria. They will not be limited to married couples. People seeking surrogate arrangements could be single (male or female), married or de facto, or same sex partners.
  • commercial surrogacy in Victoria could occur. However, the surrogate mother can only receive her expenses reimbursed and cannot be allowed to profit. There would also be a ban on advertising for surrogates. In reality, these limitations should prevent commercial surrogacy.
  • an egg or sperm from a dead person can be used to fertilise the dead person’s partner (so is not limited to married couples, and might include lesbian but not gay couples) in limited cases.
  • sets up the Victorian Assisted Reproductive Treatment Authority.
  • changes presumptions about children for women who are single or have female partners- “the man who produced the semen used in the procedure is presumed, for all purposes, not to be the father of any child born as a result of the pregnancy whether or not the man is known to the woman or her female partner” and the female partner is presumed to be a parent. However, if a donor egg was used, the donor is presumed not to be the mother of the child born as a result of the pregnancy. Therefore if the female partner were to be the donor, she would be a parent but not the mother.

The Bill is subject to a conscience vote, so it remains to be seen if it passes both Houses.

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

Australian citizenship surrogacy: Home Affairs wants more proof

Australian intended parents pursuing surrogacy overseas need to be ready for a growing paperwork burden when applying for Australian citizenship by descent. A birth certificate alone may no longer be enough. Recent applications indicate that the Department of Home Affairs is increasingly asking for detailed evidence of the surrogate’s pregnancy and birth records, alongside evidence… Read More »Australian citizenship surrogacy: Home Affairs wants more proof

Why adoption has become “institutionally invisible” in Queensland

Queensland’s child protection system is facing an urgent and deeply troubling question: why are children who cannot safely return home being left in state care for years, often moving from placement to placement, without genuine consideration of adoption? The recent Child Safety Inquiry has put that question squarely on the table. Its findings are confronting.… Read More »Why adoption has become “institutionally invisible” in Queensland

Queensland sperm donor family limits explained

  Queensland’s new sperm donor family limits were meant to provide sensible safeguards for children conceived through donor treatment. Instead, Queensland Health has adopted an interpretation that appears to split a female same sex couple into two separate families. That position is difficult to reconcile with the law, common sense, and the lived reality of… Read More »Queensland sperm donor family limits explained

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