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from the Sudden-outbreak-of-common-sense dept.
Woman can use donor sperm in IVF without estranged husband's consent, court rules
A Victorian woman will not need her estranged husband's permission to undergo IVF using donor sperm following a ruling by the federal court in Melbourne. The court heard that the woman, who cannot be named, has been separated and living apart from her husband since late 2017. The woman wanted to try to conceive through IVF using donor sperm, but was told by a Melbourne reproductive clinic that under Victoria's Assisted Reproductive Treatment Act she first needed her husband's consent.
The matter was urgent because the woman is 45 and patients are generally only able to use their own eggs in an IVF procedure when they are younger than 46. The woman said she recently underwent a procedure to collect her eggs and freeze them for later use after she was divorced, but was told the prospect of a successful pregnancy using frozen eggs was lower than IVF using fresh eggs. The clinic told her that with her husband's consent, she could begin a round of treatment later in September.
[...] Under the Assisted Reproductive Treatment Act, there is a guiding principle that "the welfare and interests of persons born or to be born as a result of treatment procedures are paramount". But the court heard that this should not justify requiring the consent of a former partner who, without such consent, would have no responsibility for the child anyway.
Federal court Justice John Griffiths ordered that the woman could undergo IVF without consent and that the Assisted Reproductive Treatment Act discriminated against her on the basis of her marital status. He declared that part of the law "invalid and inoperable". In his judgment published on Friday, Griffiths said nothing in his ruling was intended to harm the reputation of the woman's estranged husband and that the decision would not directly affect his legal rights, and that he would not be imputed with any parental rights, obligations or responsibilities.
See also: Parents likely to block girlfriend's attempt to access sperm from dead son (2016)
Related: Bioethicist Recommends Freezing Sperm to Lessen Genetic Risks
Divorced Couple Fighting in Court over Frozen Embryos
Medical Ethics of Multiples, Surrogacy, and Abortion
Deceased Dutch Fertility Clinic Doctor's Belongings to be DNA Tested
Japanese Man Granted Paternity Rights to 13 Children Born to Surrogate Mothers
(Score: 3, Interesting) by suburbanitemediocrity on Sunday September 23 2018, @01:19AM (4 children)
spouse?
Say he remarried, but his new wife was unable to produce her own eggs. Or if he hired a surrogate mother.
(Score: 2) by takyon on Sunday September 23 2018, @01:25AM
It's a good question. Better read that contract carefully when you engage with a reproductive clinic.
[SIG] 10/28/2017: Soylent Upgrade v14 [soylentnews.org]
(Score: 0) by Anonymous Coward on Sunday September 23 2018, @02:21AM
(Score: 4, Informative) by Anonymous Coward on Sunday September 23 2018, @01:02PM (1 child)
um. she wants to use DONOR sperm. not former husband's.
read the words, then think about the words, and only afterwards reply.
(Score: 2) by everdred on Monday September 24 2018, @08:05PM
I modded your comment up for clarifying the story... but I don't think the tone is necessary, since the title and summary are especially easily misread.
The husband is completely extraneous in the eyes of everything but this backwards, antiquated law, so it's easy to think that the point of this story is that it's his donor sperm, not somebody else's, that are to be used without his consent.
Which is not the case — he's not a party to this, as it should have always been.