Today I rise to speak with experience and with compassion on a topic that sits very close to my heart. I stand in support of the Assisted Reproductive Treatment Amendment (Consent) Bill 2019. Before I begin I must say that the member for Yuroke has invoked some very vivid memories that I too share about IVF and the IVF drugs that I took during my years of treatment, particularly the nasal spray. I must say to the member for Yuroke and put on record that I too was a coward when it came to injecting myself with needles. My husband used to do it and then run in the other direction upon giving them to me.
Currently we know women wanting to undergo IVF who are separated but not yet divorced are required to obtain the permission of their previous partner to use their own eggs. This is an unfair and outdated requirement without regard to an individual’s right to their own body. In the year 2019 I am glad to see this government doing something about it, because we know in the past year more than 13 000 women accessed assisted reproductive treatment in Victoria. That is a really big number: 13 000. The Andrews Labor government is committed to ensuring Victorians can start a family and know and experience the joys of parenthood. These amendments will ensure the existence of a law that reflects modern standards that guarantee women are not discriminated against based on their marital status.
These amendments are long overdue. I first accessed IVF services some 11 years ago. I was in my late 20s, I was completely in love with my new husband and I was absolutely distraught at finding out that we would need to undergo IVF to conceive a child. It was a time when IVF was not generally spoken about. There was a sense of shame about having to do it and not being able to conceive in the way that we all grow up knowing how children, I guess, are conceived and made. In fact it was quite a taboo subject. Today, 11 years later, I now have three children who were all conceived through IVF. I have to say the community that I exist in today has a greater understanding of infertility and the growing demand for reproductive treatments that exist. Community expectations have evolved, and it is important that our legislative instruments keep up with these expectations.
These amendments are designed to refine an act to ensure it aligns with community expectations and to totally transform the lives of women seeking these services. For so many women IVF is an incredibly emotional and intense journey, without the added stress of having to ask permission from an ex-partner. This is an unnecessary hurdle. It is also a decision that a woman is more than capable of making on her own. These amendments will give value to the idea that a woman’s autonomy is not, under any circumstances, within the control of another person. They symbolise the right for a woman to make her own decisions with regard to her own body despite her marital status. And let me tell you, as the member for Yuroke has pointed out, undergoing IVF is not a decision—ever—that someone undertakes lightly; it places a physical and emotional toll on a woman’s wellbeing. If she has made this decision, then I would suggest that there are exceptional reasons for it, such as age and time constraints.
Some of the women that this bill will have the greatest impact on are women who have come to the point in their lives where IVF may be the last window of opportunity to become a mother. They could be in their late 30s or early 40s and would otherwise have to wait that extra year for their divorce to be completely finalised. We all know that relationships can be messy and that divorce proceedings can take some time. It may seem like only a year, but for these women of a particular age who desperately want to become a mother, time can be the most precious thing. I know when it comes to egg quality, as I learned 11 years ago, it all comes down to time—timing matters. The success of IVF relies heavily on the quality of the woman’s eggs. For women in a particular age group, waiting that extra year could potentially mean it is too late. Women should not be forced to take that chance. It is unfair, and these amendments are going to fix that.
The case that was brought before the Federal Court on this issue also had similar circumstances. A woman separated from her ex-partner and was waiting for the 12-month period to be over before filing for divorce. She was in her mid-40s and there was a sense of urgency. Had she waited that extra year, after she had turned 46 years of age she would no longer have been able to receive the treatment. These amendments are going to ensure not only that women are able to receive IVF through a sperm donor without their ex-partner’s consent but that there is not a presumption of parenthood; her ex-partner will no longer be presumed to be the father or have any rights to the child. This will help clarify the complications that can potentially arise in these circumstances, because getting permission from somebody who is no longer in your life, who has no part in an individual’s prospective family, let us be honest, makes no sense. There is no place in our modern society to require women to seek the consent of a former spouse, especially when these same requirements do not apply to de facto relationships.
Throughout my own IVF journey I was very grateful for the help that I received through counselling. Unfortunately I did not access counselling until undergoing the second treatment of IVF, after our first child was stillborn. The value in the support that I received was immeasurable. Having an experienced professional who can guide you through the many trials and hardships of IVF is so crucial. I can only wish that I had been able to access that during our first cycle. We hear of the two-thirds of unsuccessful IVF treatments and of others who suffer at the hands of dodgy clinics, causing significant financial, physical and emotional distress. This is why the landmark review into Victorian assisted reproductive services was commissioned.
The amendments in this bill will ensure that if a surrogacy arrangement is commissioned without the assistance of a registered assisted reproductive treatment provider, couples are still required to receive counselling from someone with the appropriate qualifications. Ensuring both women and couples receive adequate counselling from someone who is skilled and experienced is vital.
In addition to these amendments, I am absolutely delighted with the $32 million of funding that has been allocated to public IVF services, bulk-billed and subsidised for low-income Victorians. IVF can leave couples thousands and thousands of dollars out of pocket. The review’s interim report highlighted issues around the affordability of and access to IVF, and it is wonderful to see that this government is working towards subsidising and providing bulk-billed treatments for up to 4000 Victorians per year. This funding is fundamentally important because it provides easier access to those who need it but cannot afford it. The financial burden can be enormous on those seeking to be parents. I am so proud that we are working towards making IVF more affordable for low-income earners.
Eleven years ago there was a joke about the IVF industry that it was considered the Treasure Island of any industry in the health profession: there was a lot of us doing it and it was very, very expensive. This funding is going to make a tremendous difference to the Victorians yearning to become parents that might not be able to afford it. The size of your bank account should not be a barrier to conceiving, birthing and raising a child.
Working towards gender equality is a commitment this government has already begun delivering on, and the elimination of this outdated rule keeps us up to date with the values of our modern society and signifies a woman’s complete control over her own body. This ensures that Victorian women, regardless of their marital status, are not discriminated against. This also means that they are receiving the appropriate care and the counselling that they need.
I commend the bill to the house. I would also like to say to the women in this place who are undergoing IVF and dreaming of parenthood and to the women across Victoria and this country who are undergoing IVF: best of luck.
