A couple are being denied fertility treatment because of concerns they would harm the child, in a rare ruling by the Victorian Civil and Administrative Tribunal.
The couple, identified only as TRV and TPW, were seeking fertility assistance after their baby daughter died from sudden infant death syndrome in 2010. The tribunal was told the mother was so distraught that she regularly carried her daughter’s ashes around with her.
In Victoria assisted reproductive treatment requires passing a child protection order check. The couple had previously been denied IVF treatment by a patient review panel, prompting them to appeal to the tribunal.
The tribunal heard that the couple, who had never lived together and who were both on pensions, had five children, four of whom had been removed from their custody by the Department of Child Protection at various times.
There was “a long history of substantiated concerns” recorded by the department, the tribunal found. These included imposing adult responsibilities on the children; physical and emotional abuse; medical and environmental neglect; and exposure to family violence.
The tribunal upheld the panel’s decision not to allow the fertility treatment.
“TRV has demonstrated significant reluctance or refusal to accept any responsibility for past harm experienced by her children,” the tribunal found.
“Coupled with this factor is an apparent inability to acknowledge parenting challenges. The tribunal considers this to be a particularly significant and ongoing risk factor.”
The couple could not be prevented from conceiving naturally.
While the tribunal acknowledged its finding might be upsetting to TRV, it ruled that “the paramount consideration is the best interests of a child to be born”.
“Accordingly, the tribunal is satisfied that there is currently a barrier to treatment and consequently the treatment may not proceed.”
