'Incredibly unfair': Qld Health guidance changes family definition for lesbians

Lesbian couples in Queensland are facing significant challenges in expanding their families due to a recent change in guidance from the state's health department. The updated advice, issued in February to fertility providers, redefines what constitutes a "family" for the purpose of assisted reproductive technology (ART) legislation, impacting same-sex couples trying to conceive a second child.

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I think it's incredibly unfair.

Under Queensland's Assisted Reproductive Technology Act 2024, a limit is placed on the use of donated sperm or eggs to prevent unintentional incestuous relationships between genetic siblings. The law defines a family as a parent, their children, and their spouse. However, Queensland Health's interpretation now considers a same-sex couple where both partners plan to carry a pregnancy as two distinct families when calculating this limit.

Kate Cantrell, 39, and her fiancée Jessie Fraher, 36, experienced this firsthand. After Ms. Fraher gave birth to their daughter, Evie, in 2022, they contacted their fertility clinic to conceive a second child. They were informed that if Ms. Cantrell intended to carry the next baby, she would need her own "family spot" with their existing donor, but none were available. This meant their second child would not be genetically related to Ms. Cantrell.

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It's the symbolic significance of what that says to you when you have your government telling you you're no longer considered a family.

"I think it's incredibly unfair," Ms. Cantrell stated, emphasizing the symbolic impact of the government's redefinition of their family. Ms. Fraher expressed her desire for her fiancée to experience the pregnancy journey and for their daughter to have a genetically related sibling, feeling they would be "cheated" if this were not possible.

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I've gone through that already and it's just such a beautiful process. I really want Kate to be able to experience that while she hopefully still has time.

Family creation lawyer Sarah Jefford believes Queensland Health's guidance is a "misinterpretation" of the law. She argues that the legislation itself does not differentiate based on who carries the child but rather on the creation of a family unit. The current interpretation by Queensland Health appears to create an unintended barrier for same-sex couples seeking to utilize the same donor for subsequent pregnancies, potentially forcing them to use different donors or forgo the opportunity for genetically related siblings.

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The legislation, I believe, does not differentiate based on who carries the child, but rather on the creation of a family unit.