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

Another US Surrogacy Agency Has Collapsed – Are Your Dreams at Risk?

A recent collapse of a United States surrogacy agency has again exposed a harsh reality for intended parents: the path to building a family through surrogacy is vulnerable to fraud, mismanagement and sudden collapse. Hundreds of people are reported to be affected, with life savings wiped out, records shredded and law enforcement stepping in. This… Read More »Another US Surrogacy Agency Has Collapsed – Are Your Dreams at Risk?

Update on surrogacy in the Mexican state of Jalisco

The current state of surrogacy regulation in the Mexican state of Jalisco is in a state of transition, according to attorney Ivan Davydov from Carem. I have set out below his recent summary sent out to clients, which I share with his permission. ——– Surrogacy in Jalisco Smart Move or Risky Timing Dear Clients, In… Read More »Update on surrogacy in the Mexican state of Jalisco

Queensland’s IVF Legislation Crisis Explained

When lawmaking is rushed to meet political timetables, real people can become unintended casualties. Queensland’s recent overhaul of assisted reproductive technology laws provides a clear example: changes intended to protect patients instead created immediate and painful barriers to treatment. How a political deadline turned into a legal problem In 2023, the Queensland government declared regulation… Read More »Queensland’s IVF Legislation Crisis 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