ETHICS

The National Health and Medical Research Council (NHMRC) provides ethical guidance to the provision of ART in Australia.  The first set of guidelines were released in 1996 and the current revision was released in 2018:  ‘Ethical guidelines on the use of assisted reproductive technology in clinical practice and research, 2017’  (Reference 1).  

All Australian fertility clinics have formulated their policies and procedures to be consistent with these ethical guidelines and also with the relevant state and Commonwealth legislation.

In any ethical debate there will be differing views on a particular issue.  The agreed position may not suit all parties but it is usually the position of the majority.  In liberal societies which champion the autonomy of the individual this can lead to claims of discrimination.  If a patient’s particular situation is not catered for within this ethical framework, then the patient can discuss the matter with the fertility specialist and the clinic counsellor. 

Read more

 

LEGISLATION

ART legislation in Australia is piecemeal.  The power to pass specific laws regulating ART falls to the states and territories.  Therefore, we have a situation where 4 states (NSW, SA, Victoria and WA) have enacted comprehensive legislation, and the remaining states and territories have no regulating legislation, see table in Read more section below.  The states that do provide regulation, do so in different ways, and there is no consistency.

For most patients seeking treatment these regulations do not present any barriers to the provision of that treatment.  Most of the regulations concern the provision of donor services and provide frameworks for how donors are recruited, reimbursed and the release of parental identity to children born.

Three states, (Victoria, SA and WA), have regulations which seek to place restrictions or set criteria that must be met for eligibility of access to certain ART procedures.  If patients are seeking treatment in any one of these states they need to be aware of these eligibility criteria.  The fertility specialist and the fertility clinic they have chosen to attend will be aware of any restrictions that apply.  If patients feel the restrictions are unfair and discriminate against them, they should first check that clinic policy is consistent with state legislation.  The clinic cannot provide treatment that doesn’t comply with the relevant legislation as this could place their registration and accreditation in jeopardy.  Patients should put any complaint in writing and forward it to the appropriate licensing body in their state or territory.  Where appropriate they should seek legal advice.  The website for Health Law Central (Reference 2) www.healthlawcentral.com provides some online information on the legislation in each state or territory and how access to services may be restricted in some states or territories.

Read more

 

  1. National Health and Medical Research Council (2017). Ethical guidelines on the use of assisted reproductive technology in clinical practice and research. Canberra: National Health and Medical Research Council.
  2. http://www.healthlawcentral.com/assistedreproduction/