Alternative Law Journal

Media Release

June 1997

Denying women access to fertility services

In the June 1997 Alternative Law Journal, Jenni Millbank argues in her article 'Every Sperm Is Sacred?' that service providers and legislators have attempted to impose their views of appropriate family forms onto the (infertile) Australian public.

Legislation regulating who may have access to fertility services currently exists only in Victoria, South Australia and Western Australia. In South Australia and Western Australia access is limited to those who are married or have been in a heterosexual relationship for five years. In Victoria, after June 1997, a new Act will restrict access to those who are legally married or in de facto relationships of two years. Lesbian women and single heterosexual women are not able to access fertility services in these States.

According to Jenni Millbank, States which do not have restrictive legislation do not necessarily have more liberal access to fertility services. National Health and Medical Research guidelines use child-centred welfare language rather than outright categories of permitted applicants. Jenni Millbank argues that these are nebulous criteria for access and can readily be used as a smokescreen for discrimination. She suggests that the use of the 'child's welfare' test means that doctors are required to decide on the welfare of potential children and that these decisions are really about who they think will be good parents.

Jenni Millbank acknowledges that three recent discrimination cases on the issue of access to fertility service could have the effect of increasing access for lesbian and unmarried heterosexual women. However, she remains sceptical, pointing out that there is a high level of opposition to these women accessing fertility services and that this opposition seems to have increased as a result of the three cases. According to Jenni Millbank, the response of current State and Federal Governments to discrimination cases in this area illustrates their concern to perpetuate the heterosexual nuclear family by whatever means are at their disposal. This means that lesbian and unmarried heterosexual women (especially if single) will continue to be denied access to fertility services in Australia.

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