Limiting Access to Assisted Reproduction JM V QFG

LexisNexis Butterworths
Publication Type:
Journal Article
Stuhmcke Anita 2002, 'Limiting Access to Assisted Reproduction JM V QFG', LexisNexis Butterworths, vol. 16, no. 3, pp. 245-252.
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The only Australian case which has specifically dealt with the question of a self-identifying lesbian accessing artificial reproductive technology (ART) I is a decision of the Court of Appeal of the Supreme Court of Queensland, JM v QFG.2 This decision limits access to ART through the legal sanctioning of a select medical definition of infertility. In essence, the decision of the Queensland Supreme Court promotes judicial approval of a medical definition of infertility and rejects social infertility as a basis for access to ART. This means that lesbian women such as 1M, and potentially lesbian and single heterosexual women in other Australian jurisdictions, will be considered to be fertile (or socially infertile) and thereby unable to access ART. This note examines the decision of JM v QFG and discusses the effect of placing a medico-legal barrier of 'infertility' upon lesbian access to ART in Australia.
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