Are You Eligible To Have Treatment?
Eligibility requirements for assisted reproductive treatment in Victoria are outlined in Section 10 of the Assisted Reproductive Treatment Act 2008.
The Act indicates that a doctor must be satisfied that
(i) In the woman’s circumstances, she is unlikely to become pregnant other than by a treatment procedure; or
(ii) The woman is unlikely to be able to carry a pregnancy or give birth to a child without a treatment procedure; or
(iii) The woman is at risk of transmitting a genetic abnormality or genetic disease to a child born as a result of a pregnancy conceived other than by a treatment procedure, including a genetic abnormality or genetic disease for which the woman’s partner is the carrier.
In addition to meeting the requirements above, people wishing to have assisted reproductive treatment must undergo a criminal records check and child protection order check. This is a new requirement under the Assisted Reproductive Treatment Act 2008. Patients and their partner, if they have one, are required to provide a recent criminal records check to the clinic where they are having treatment. In addition, if they have one, the clinic is required to request a child protection order check to be carried out on all patients and their partners, if they have one.
If the criminal records check indicates that a woman or her partner has had charges proven against them for a sexual or violent offence under Schedule 1 of the Sentencing Act 1991, or the child protection order check indicates that a child protection order has been made removing a child from the custody or guardianship of a person, a presumption against treatment will apply and the women can be refused treatment.
If a woman is refused treatment, on the basis of not satisfying the eligibility criteria, she can appeal to the Patient Review Panel for a review of her case. For more information, visit the Patient Review Panel website.
