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IVF access changes in the air

11 May 2005

Greater protection for children born from assisted reproduction is the central focus of interim recommendations released today by the Victorian Law Reform Commission. 

The interim recommendations are published in a position paper about access to assisted reproductive technology (ART)—the first in a series of three papers that will put forward interim recommendations to change the law regarding eligibility for ART, parentage and adoption, and surrogacy. 

The paper proposes the introduction of legislated principles that will guide the use of assisted reproduction techniques such as IVF and artificial insemination. 

Suggested principles include:

•             a duty to consider the best interests and wellbeing of children to be born;
•             a ban on discrimination against prospective parents because of race, sexuality, religion or marital status; and
•             a ban on exploitation of people’s reproductive capabilities and their children.

”People working in clinics told us of the need for processes to deal with potential parents who might not be able to care for a child,” commission chairperson Professor Marcia Neave said. 

“We’ve recommended that if a doctor or counsellor believes potential parents may be at risk of abusing or neglecting a child, they must refer the matter to a clinical ethics committee. 

“The committee will then make a decision about whether a person should receive infertility treatment. 

“Clinics should not be able to treat people who have had children removed from their care or been convicted of a serious violent or sexual offence, but a person who is refused treatment should be able to have the decision reviewed by the Infertility Treatment Authority.” 

The paper also recommends removing provisions that limit treatment to people who are married or in de facto relationships because they were invalidated in the High Court decision in McBain v The State of Victoria. 

“There is no evidence that marital status affects the wellbeing of children and we have proposed a way of dealing with issues which have a direct impact on children’s welfare,” Professor Neave said. 

”Removing the marital status requirement means more women will access the clinic system to have semen screened. This will ensure the identity of sperm donors is recorded for any future children to access and will provide greater protection from transmissible diseases for women and children. 

 “Many people with strong feelings about the issues involved made submissions to the inquiry. Almost all the submissions raised the wellbeing of children as the primary concern. People directly affected by current laws also raised this as a central issue in their submissions. All of these views informed our thinking while writing the interim recommendations.” 

The paper also includes interim recommendations dealing with the use of a dead person’s sperm and eggs and creation of “saviour siblings”. 

“We’re recommending that gametes taken from a person who subsequently dies should only be used if that person left written permission for their use after death. 

“When parents want to create a child to save the life of an existing child, we’re recommending their application be referred to a review panel for consideration. 

“We now want to hear what Victorians think of these interim recommendations before making final recommendations to the government,” Professor Neave said.