Queensland Health to review 'discriminatory' fertility guidance after lesbian couples denied treatment

Queensland's Health Minister has directed the state's health department to review its guidance for fertility clinics after several women were informed they could not proceed with treatments under the current rules.

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The legislation is quite clear that family is you, your partner and your children.

The directive comes after reports highlighted the case of a lesbian couple who were told they might not be able to conceive using the same sperm donor, as they were no longer considered a single family unit under Queensland Health guidelines. This interpretation has caused significant distress and confusion.

Queensland legislation limits the use of donated sperm or eggs to create no more than 10 Australian families, with a family defined as a parent, their children, and their spouse. However, in February, Queensland Health issued guidance suggesting that lesbian couples who both conceive with the same donor should be counted as two separate families. This has led to fertility providers applying the donor limit differently.

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We've long recognised lesbian couples under the Status of Children Act in Queensland and under the Family Law Act, and of course under the Marriage Act.

Fertility lawyer Stephen Page described Queensland Health's interpretation as "clearly discrimination against lesbian couples." He argued that the guidance contradicts state and federal legislation, including the Status of Children Act, the Family Law Act, and the Marriage Act, all of which recognize lesbian couples. "So then to say, 'Well, we recognise everyone else, but we don't recognise you' really does not pass the pub test," Page stated.

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So then to say, 'Well, we recognise everyone else, but we don't recognise you' really does not pass the pub test.

The impact on patients has been described as "heartbreaking." One woman, Deborah Poerio, who has been trying to conceive via IVF for six years, was informed in July that she could not proceed with an embryo transfer because her sperm donor had reached the family limit. Her clinic explained that under the updated guidance, same-sex couples using the same donor were now considered individual family allocations, thus consuming more spots than previously recognized. Poerio expressed her anguish, stating, "The embryos are mine. They are not property of Queensland Health."

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The embryos are mine. They are not property of Queensland Health.