Eligibility For Assisted Reproduction

Eligibility for Assisted Reproductive procedures in South Australia is governed by the Assisted Reproductive Treatment Act 1988 and the Assisted Reproductive Treatment Regulations 2010.

Treatment may only be provided under the following circumstances:

• Where a man or woman, in a heterosexual relationship, appears to be infertile
• Where there is a risk of a genetic defect being transmitted to a child conceived naturally
• Where a deceased man has given prior written consent confirming posthumous use of sperm, embryo or fertilised ovum by a specified recipient
• Where a single woman, or a woman in a same sex relationship, appears to be infertile
• Where a man or a woman, has a medical condition for which either the treatment or the condition itself may render a person infertile in the future.

The term infertility refers to:

• 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
• A proven medical condition resulting in reduced fertility.

Please note that treatment may still not be provided unless a Statutory Declaration is signed which deals with the issue of patient eligibility and the paramount importance of the welfare of a child born through artificial fertilisation. FRM will however, reserve the right to refuse treatment, as stipulated by the state legislation. Copies of the Act, Codes of Practice and the requirements for the Statutory Declaration are available for inspection at Flinders Reproductive Medicine.

For any person considering donating reproductive material, there have been changes to the legislation in South Australia. There is now a provision for the establishment of a Donor Conception Register. In order to be eligible for donation, you must be willing to consent to your identifying information being available on this register for potential donor conceived children to access.