IVF win for Victorian women split from their spouse

Women separated from their partners, but not divorced, will no longer have to get their estranged spouse’s permission to access IVF in Victoria.

The decision follows the advice of an interim report into reproductive treatment and a Federal Court ruling in September, which found the current law discriminated against the woman on the basis of her marital status.

The woman had sought IVF through a Melbourne clinic, who advised her that under the current law in Victoria, they were unable to treat her unless she had the consent of her estranged husband.

Justice John Griffiths found that the Victorian law, by requiring the woman obtain the consent of her estranged husband to undergo the treatment, discriminated against her on the basis of her marital status. He declared that part of the law “invalid and inoperable”.

The amendments remove the requirement that women need the approval of their former partner to access IVF using their own eggs and donor sperm.

"We're changing the law to reflect contemporary values of our society and ensure that women do have control over their bodies, their futures and their ability to freely access this assisted reproductive technology," Health Minister Jenny Mikakos said.

Victorian Assisted Reproductive Treatment Authority chief executive Louise Johnson said there were many women who were missing out on the chance to become a mother because of the current law.

"Only a few weeks ago I had a phone call from one of the clinics, saying one of their patients was considering treatment interstate because she was affected, she was in the process of going through a divorce and wouldn't be able to have treatment here," Ms Johnson said.

"For women, time really matters, particularly for women in their late 30s, early 40s. Waiting a year for a divorce proceeding to go through can be the difference between succeeding with treatment or not."

Changes to the law will be introduced into parliament today.

- with AAP