Queensland Health has updated its fertility clinic guidance, which previously classified queer couples as two separate families when trying to conceive using the same sperm donor.
In February, Queensland Health issued new guidance to fertility providers to help them navigate the state’s assisted reproductive technology (ART) legislation.
This guidance disrupted the fertility treatments of lesbian couples in the state, as a family was defined as a parent, their children and their spouse, if any.
Queensland law limited donated sperm or eggs to creating children in no more than 10 Australian families to reduce the risk of genetic siblings unknowingly forming relationships later in life. This is known as a Family Limit.
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Update now considers same-sex couples one family
In February, Queensland Health stated that a couple where both partners carry a pregnancy is counted as two separate families, rather than one.
That interpretation has prompted concern from legal experts and LGBTQIA+ advocates, who argue it contradicts both the intent of the legislation and the reality that the children are being raised within the same family.
A person can apply to exceed the family limit, but only in exceptional circumstances. Legal experts and advocates asked the Queensland Government for clarification on the matter, which has now been updated.
This week, the guidance to fertility clinics was updated to define a same-sex couple who both conceive using the same donor as one family.
A spokesperson for Queensland Health said it “understands that initial guidance about the family limit caused concerns for some patients and providers”.
“Queensland Health has reviewed its interpretation and is adopting a revised approach to applying the family limit,” the spokesperson said. “The updated approach continues to protect donor-conceived people while better reflecting social family structures.”
‘A family is a family’
Rainbow Families equality director Heather Corkhill said the update was a “really important win for Queensland families”.
“This will mean more people will have the opportunity to use the same donor to have biologically-related siblings if they choose. It also recognises something pretty fundamental — a family is a family.”
“It shouldn’t suddenly become ‘two families’ just because there are two parents using the same donor.”
Corkhill pointed out that there is still a gap in the guidance for separated families who want to use the same donor as a solo parent or with a new partner.
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