Treatment

The Assisted Reproductive Treatment Act 1988 (ART Act) sets out the circumstances in which a person (or couple) can access assisted reproductive treatment (ART) at a registered clinic in South Australia.

Access to treatment in South Australia is based on specified eligibility criteria and clinical need. ART is not available in circumstances where to do so would have the effect of extending a person’s natural fertility, for example treatment cannot be provided to a woman who has reached the average age of menopause.

A person (or couple) can access treatment at a registered clinic:

1. If the woman or her partner are, or appear to be, infertile.
   This usually means at least 12 months of unprotected intercourse or an inability to carry a pregnancy to term. To determine infertility, a clinic will normally undertake tests on both the woman and her partner (if any).
2. If there is a risk that a serious genetic defect, disease or illness would be transmitted to a child conceived naturally.
   You will need to contact your GP, an ART clinic or a genetic specialist to see if you qualify under this criterion.
3. If a woman’s deceased partner/spouse has left written instructions/directions that his sperm could be used for the benefit of his widow to conceive a child (posthumous use of sperm or embryos).*
4. For the purposes of a recognised surrogacy agreement (as of December 2010).
5. In the event of future infertility as a result of a serious medical condition/disease or from the treatment for the condition itself
   (for example chemotherapy which may render a person infertile)

*conditions apply

Fact sheets

A number of fact sheets have been developed to provide further information about the new legislation and ART in South Australia:

• Fact Sheet 1 - Access to ART at a registered clinic in South Australia (PDF 95KB)
• Fact Sheet 2 - ART provider registration scheme in South Australia (PDF 119KB)
• Fact Sheet 3 - Assisted insemination, the law and you (PDF 97KB)

>>Disclaimer