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

International Surrogacy Births Hit a New Record

For every child born through surrogacy in Australia, around five children born overseas through surrogacy now apply for Australian citizenship by descent. That is the picture emerging from the latest figures discussed here. It is a striking comparison, even allowing for the fact that the domestic and international figures measure different things. In the year… Read More »International Surrogacy Births Hit a New Record

Surrogacy law reform: what’s next after the ALRC inquiry

The Australian Law Reform Commission’s surrogacy inquiry could be an important moment for Australian families. Its report has been delivered to the Commonwealth Attorney-General and is due to be tabled in federal parliament. The question is not simply what the report recommends. It is whether Australia’s nine governments will work together to turn those recommendations… Read More »Surrogacy law reform: what’s next after the ALRC inquiry

MRKH syndrome: how surrogacy can help you become a parent

MRKH syndrome means being born without a uterus. It does not mean that parenthood is impossible. For women with Mayer-Rokitansky-Küster-Hauser syndrome, often shortened to MRKH, the journey to understanding their body can begin at a young age. Many discover in their early teenage years, commonly around 14 or 15, that they will not be able… Read More »MRKH syndrome: how surrogacy can help you become a parent

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