Australian woman wins the right to use sperm donor for IVF treatment without her estranged husband’s consent
- Woman has won right to IVF treatment without estranged husband’s consent
- The 45-year-old woman was under a tight time pressure to get the IVF treatment
- Her lawyers have hailed the court ruling as a success for gender equality
A woman has won the right to undergo IVF treatment using a sperm donor without the consent of her estranged husband, who she is still married to by law.
She successfully challenged a law which requires all women seeking IVF treatment to gain the consent of their husband beforehand.
The 45-year-old woman was under a tight time pressure to get the IVF treatment considering her age and waiting to get a divorce before going ahead with the IVF would have cost her precious time on her biological clock.
A woman has won the right to undergo IVF treatment using a sperm donor without the consent of her estranged husband
Maurice Blackburn lawyers who represented the woman in court argued that she had a right to equality under Victoria’s Charter of Human Rights and Responsibilities Act.
They also argued that requiring her husband’s consent was inconsistent with federal sex discrimination laws.
Social justice practice manager at Maurice Blackburn Jennifer Kanis has hailed the court ruling as a win for gender equality.
‘A separated woman should be able to make her own decisions about IVF treatment. It’s absurd to require her to seek the permission of her estranged husband when a sperm donor will be used,’ Ms Kanis said.
‘Our client is very pleased with today’s outcome, which will mean that she can undergo IVF to try and have a baby, just like any other single woman in Victoria.’
Ms Kanis believes that the court’s ruling will also pave the way for other Victorian women to be able to freely receive IVF treatment.
‘This decision also paves the way for other Victorian women in similar circumstances to not have their former partner control their reproductive choices,’ she said.
The Victorian Government is currently reviewing its laws around assisted reproductive treatment including IVF.
The 45-year-old woman was under a tight time pressure to get the IVF treatment considering her age