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Australian sex offender seeks access to IVF treatment

An Australian man is seeking to overturn a court ruling preventing him and his partner from accessing IVF treatment, due to his previous conviction.


Previous offence

The man, known only as "ABY" was convicted in 2003 of having sex with a 16-year-old student while he was employed as a teaching assistant. He was jailed for three years with two years suspended.

The man through his lawyer is arguing that denying him and his partner IVF treatment constitutes a breach of his human rights.

His partner had already started IVF treatment before his arrest and subsequent conviction - the couple planned to continue the treatment on his release from prison.


Assisted Reproductive Treatment Act
However, under Victorian state law convicted sex-offenders must appear before a review panel before treatment can be granted. Under the Assisted Reproductive Treatment Act all those seeking IVF treatment must undergo police and background checks. The Act operates a presumption that couples should not be offered IVF treatment if one of the couple has a conviction for a sexual offence, the argument being that they pose a risk to any child produced with the assistance of IVF.


Alcohol and drug abuse
During the hearing evidence was presented that ABY did not pose a risk to any potential child produced using IVF. However, the panel did hear evidence that he had a history of drug and alcohol dependence.


Human rights
The man's lawyer argued that his human rights were breached in denying him and his partner treatment and that he was being punished twice for the previous conviction.

Read more at: bionews.org.uk