The Infertility Treatment Act 1995 was created to regulate infertility treatment within the State of Victoria, Australia. A statutory body called the Infertility Treatment Authority was established to administer and implement its provisions. It was later reviewed and amended in the Infertility Treatment Regulations 1997.
Guiding Principles
Under the Infertility Treatment Act, there are four guiding principles in implementing infertility treatment procedures as regulated in the provisions. These principles include the welfare of any person that is born as a result of infertility treatment procedures, which is paramount, the protection and preservation of human life, the consideration of the family's interests and the assistance of infertile couples in fulfilling their desire to have children.
Aims
The Infertility Treatment Act and the Infertility Treatment Authority, by extension, were established to regulate assisted reproductive technology in Victoria, Australia. They seek to promote community understanding of the ethical and moral issues involved in the treatment of infertility. They also aim to ensure that proper counseling and adequate information is available to those who seek treatment while assisting in the smooth provision of treatment by health care institutions. They also collect and accumulate relevant information regarding reproductive assistance and execute broad oversight and proper regulation of the provision while making this information available to the public whenever appropriate.
Requirements
The act clearly defines and limits treatment procedures under its provisions including fertilization procedures and donor insemination. It also defines persons qualified to undergo treatment, requirements regarding consent, requirements for donors and requirements for donor treatment procedures such as the circumstances in which the donor procedure may be used.
Issues
Under the Infertility Treatment Act 1995, it is illegal to import or export an embryo or gamete outside the human body from Victoria without the approval of the Infertility Treatment Authority. This provision, however, has been contested as some people claim that this is unconstitutional for the reason that it contravenes the freedom of interstate trade guaranteed by the Commonwealth Constitution. Some say that this provision imposes a "protectionist" and "discriminatory" burden that renders it invalid.
Functions of the Authority
The Infertility Treatment Authority provides license for treatment centers and approves research. The authority is also responsible for the approval of doctors, research and clinical scientists, counselors and other related practitioners; maintaining statutory time limits in the storage of sperm, embryos and eggs for use in the treatment procedures; approval of the importation and exportation into and out of Victoria of any sperm, eggs or embryos; reporting and monitoring information about any assisted reproductive technology within Victoria to the Minister of Health through an annual report; and the approval of research as required under the act. The authority also provides conditions and guidelines, revised and reviewed on a regular basis, for licensed treatment centers and parties involved with infertility treatment procedures.
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