In a breakthrough for reproductive rights, women in Victoria who are separated from their partners, but not divorced, will no longer have to get their estranged spouse’s permission to access IVF.
Last year, a Federal Court ruling found the current law discriminated against a woman on the basis of her marital status.
The woman had sought IVF treatment but was advised by the clinic that they were unable to treat her unless she had the consent of her estranged husband.
Justice John Griffiths found that the lawdiscriminated against her on the basis of her marital status.
Changes to the law have now been introduced into parliament. They remove the requirement that women need the approval of their former partner to access IVF using their own eggs and donor sperm.
“We’re changing the law to reflect contemporary values of our society and ensure that women do have control over their bodies, their futures and their ability to freely access this assisted reproductive technology,” Health Minister Jenny Mikakos said.