A new “low cost” IVF medical facility in Sydney CBD has commenced operation. With easier and less costly access to IVF, IVF will become more commonplace in the family law arena. IVF, surrogacy, gender dysphoria (children under 18) and transgender will require practitioners to have at least a basic understanding of how to run matters involving such issues.
Some of the issues that may arise for practitioners, are not limited to, but can include:
- What does the Family Law Act 1975 (Cth) (“The Act”) determine who is a legal parent when considering IVF cases?
- What contact arrangements can a couple that separated seek, if the IVF arrangement was entered into, with mutual consent, at the time of the IVF procedure?
- What, if any, contact arrangements can be sought by a known donor sperm? What, if any, section of the Act provides for an application?
- Can a partner who did not consent to the procedure apply to have contact, if the relationship subsequently failed?
- Can grandparents of the child born through IVF, seek parenting orders?
The A, B, C’s of IVF.
The first steps in all IVF cases are:
- a thorough understanding of s 60H Family Law Act 1975 (Cth)
- a comprehensive appreciation of the Status of Children Act 1996 (NSW)
- a grasp of the application of s 65C Family Law Act 1975 (Cth)
For more helpful hints subscribe to my blog at www.sydneybarrister.net.au or contact me at Elizabeth Street Chambers on (02) 9336 5399