Eligibility Criteria

On this page:

  1. Overview And Changes To South Australian Legislation.
  2. Infertility Defined.
  3. Assisted Reproductive Procedures Defined.
  4. Eligibility Criteria.

Overview And Changes To South Australian Legislation

Currently fertility clinics in South Australia, including Flinders Fertility, can only provide assisted reproductive procedures when the eligibility criteria under the Assisted Reproductive Treatment Act 1988 (South Australia) ("Act") and Assisted Reproductive Treatment Regulations 2010 (South Australia) are satisfied. 

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Infertility Defined

The term “infertility” refers to:

  1. The inability, or significantly reduced capacity, of a person to conceive, or to bear or father a child, which is usually evidenced by a reasonable period of unprotected intercourse with no resulting pregnancy.
  2. A proven medical condition resulting in reduced fertility.

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Assisted Reproductive Procedures Defined

Under the Assisted Reproductive Treatment Act 1988 (South Australia), assisted reproductive treatment means any medical procedure directed at fertilisation of a human ovum by artificial means and includes an in vitro fertilisation procedure.  In vitro fertilisation procedure means any of the following procedures:

  1. The removal of a human ovum for the purpose of fertilisation within or outside the body.
  2. The storage of any such ovum prior to fertilisation.
  3. The fertilisation by artificial means of any such ovum within or outside the body.
  4. The culture or storage of a fertilised ovum outside the body.
  5. The transference of a fertilised or unfertilised ovum into the human body.

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Eligibility Criteria

Under the Assisted Reproductive Treatment Act 1988 (South Australia) as amended, fertility clinics must only provide assisted reproductive procedures:-

  1. if it appears to be likely that, in a person's circumstance, the person will become pregnant other than by an assisted reproductive treatment;
  2. if there appears to be a risk that a serious genetic defect, serious disease or serious illness would be transmitted to a child conceived naturally;
  3. If-
    1. the donor of the relevant human semen has died; and
    2. before the donor died—
      1. the donor's semen was collected; or
      2. a human ovum (being the ovum of a woman who, immediately before the death of the deceased, was living with the donor on a genuine domestic basis) was fertilised by means of assisted reproductive treatment using the donor's semen; or
      3. an embryo had been created as a consequence of such assisted reproductive treatment; and
    3. the donor consented to the use of the semen, fertilised ovum or embryo (as the case requires) after his death in the provision of the proposed assisted reproductive treatment; and
    4. if the donor gave any directions in relation to the use of the semen, ovum or embryo (as the case requires)—the directions have, as far as is reasonably practicable, been complied with; and
    5. the assisted reproductive treatment is provided for the benefit of a woman who, immediately before the death of the donor, was living with the donor on a genuine domestic basis;
  4.  For the purposes of a recognised surrogacy agreement;
  5. where a woman, or a man who is living with a woman (on a genuine domestic basis as her husband), is suffering from an illness or other medical condition that may result in, or the appropriate treatment of which may result in, the woman or man becoming infertile in the future;
  6. to women whose age is greater than, or equal to, the average age of menopause.

Fertility clinics cannot refuse to provide assisted reproductive treatment to another on the basis only of the others sexual orientation or gender identity, marital status, or religious beliefs.

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