ASSISTED REPRODUCTIVE TREATMENT (EQUALITY OF ACCESS) AMENDMENT BILL

Introduction and First Reading

The Hon. I.K. HUNTER (Minister for Communities and Social Inclusion, Minister for Social Housing, Minister for Disabilities, Minister for Youth, Minister for Volunteers) (16:00): Obtained leave and introduced a bill for an act to amend the Assisted Reproductive Treatment Act 1988. Read a first time.

Second Reading

The Hon. I.K. HUNTER (Minister for Communities and Social Inclusion, Minister for Social Housing, Minister for Disabilities, Minister for Youth, Minister for Volunteers) (16:00):

I move:

That this bill be now read a second time.

Today I rise to introduce the Assisted Reproductive Treatment (Equality of Access) Amendment Bill 2012. This amendment bill contains the same amendments I moved in this place in July 2009, and again in September 2011, and seeks to remove the inequity that currently exists in South Australian law.

This bill is also based on recommendations made by the Social Development Committee's 2011 report into same-sex parenting. The Assisted Reproductive Treatment (Equality of Access) Amendment Bill 2012 seeks to amend section 9 of the Assisted Reproductive Treatment Act 1988, which currently prevents some single women and some women in same-sex relationships from accessing some IVF services in South Australia.

Current South Australian law requires a woman to be diagnosed medically infertile in order to access assisted reproductive treatments. This, of course, has significant implications for same-sex couples in that it specifically excludes couples who may not have any medical impediment to achieve pregnancy but whose sexual orientation prevents them from conceiving without some form of assisted reproductive treatment. This bill seeks therefore to broaden the criteria used to define infertility consistent with the provisions contained in the Victorian legislation, which I have taken as model legislation.

In December 2011, I had the pleasure of announcing the proclamation of the Family Relationship (Parentage) Amendment Act 2011, an act which received overwhelming support in this place and was moved by the Hon. Tammy Franks. The effect of that act was to recognise both females in a lesbian relationship as parents of a child conceived through assisted reproductive treatment.

The bill which I introduce today seeks to correct the lunacy of the current situation that we now face, a situation where both members of a lesbian relationship are recognised under law as the parents of a child conceived through assisted reproductive treatment, but one where those same couples are unable to access that treatment in this state, except in very limited circumstances.

I will not belabour the chamber with any further debate at this stage. I am on record previously twice now with all the arguments in favour. I suspect, though, that the stronger argument we have today before us is the fact that this chamber and the other place overwhelmingly passed the previous legislation about birth certificates and has created now the situation where lesbian couples can get onto birth certificates if they use IVF, but they cannot access IVF in this state. I commend the bill to the house.

Debate adjourned on motion of Hon. S.G. Wade.