In Vitro Fertilisation (IVF)
In vitro fertilisation (IVF) is a medical procedure where an embryo is created outside the body, typically used by individuals or couples facing fertility challenges. This includes couples experiencing infertility, individuals with medical conditions that prevent natural conception, single women, and same-sex couples seeking to start a family.
Legal Assistance
The legal framework surrounding IVF varies across Australian states and territories. Jurisdictions such as Victoria, New South Wales, South Australia, Western Australia and Queensland (only recently) have implemented specific legislation to govern IVF procedures within their borders. At the national level, the federal government has introduced laws prohibiting certain cloning practices, and the National Health and Medical Research Council (NHMRC) has established clinical guidelines to provide a cohesive framework for IVF practices across the country.
There can be complex disputes arising out of IVF. Unfortunately, these sometimes involve disputes about parentage, ownership of Embryos and gametes. Regulatory issues are also common.
Given the complexity and variation in laws, legal advice needs to be tailored to your unique situation. We are here to guide you through the legal aspects of IVF and help you understand how the relevant laws apply to your circumstances.
IVF & Surrogacy – Medicare Rebates (and inequality).
The landscape of fertility care in Australia has shifted significantly with a landmark policy change by the federal government. After sustained advocacy and expert input, the Albanese Government has officially adopted an expanded definition of infertility—marking a pivotal step towards ensuring more inclusive and equitable access to Medicare rebates for assisted reproductive technologies (ART), including IVF and IUI. This blog examines the historical definition of infertility under Medicare, the newly adopted expanded definition, who it now includes, and who still remains excluded from the benefits of publicly funded fertility support. The Historical Definition of Infertility: A Heteronormative Standard Traditionally, access to Medicare rebates for fertility treatment in Australia hinged on a narrow, clinical definition of infertility. The standard required patients to demonstrate an inability to conceive after 12 months or more of regular, unprotected heterosexual intercourse. This requirement reflected the … Read more
