Eligibility requirements for assisted reproductive treatment in Victoria are outlined in Section 10 of the Assisted Reproductive Treatment Act 2008.
According to the Act, a doctor must be satisfied that:
- the woman is unlikely to become pregnant other than by a treatment procedure; or
- the woman is unlikely to be able to carry a pregnancy or give birth to a child without a treatment procedure; or
- 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 these requirements, people wishing to have assisted reproductive treatment must undergo a criminal record check and child protection order check. Women and their partner, if they have one, are required to provide a recent criminal record check to the clinic where they are having treatment and they must provide permission for a child protection order check to be conducted.
If a criminal record specifies that certain charges have been proven against a woman or her partner, or a child protection order has been made removing a child from the woman or her partner, a presumption against treatment applies to the woman and an ART clinic must not provide treatment.