Access to reproductive technology
As of 21 March 2017, access to reproductive technologies such as artificial insemination is no longer restricted on the basis of infertility. This restriction had acted to prohibit fertile same-sex couples from accessing reproductive technologies. The focus on infertility has been replaced with the requirement that it would be “unlikely that, in the person’s circumstances, the person will become pregnant other than by assisted reproductive treatment” [ see Assisted Reproductive Treatment Act 1988 (SA) s 9(1)(c)(i)].
Prior to 2010, it was also a requirement that those seeking treatment be either married or in a de facto relationship of at least 5 years duration. There is not now any requirement of this nature.
Registration of birth of child to female same-sex parents
Under section 10C of the Family Relationships Act 1975 (SA), the female partner of a woman who has given birth due to assisted insemination or assisted reproductive treatment (see the Assisted Reproductive Treatment Act 1988 (SA)) can be recognised as a co-parent of the child on the child's birth certificate. Recognition of the co-parent is subject to some conditions. A woman is recognised as the co-parent if:
- at the time the child was conceived, the two women were living together in a marriage-like relationship, and
- the child was conceived through a fertilisation procedure under the Assisted Reproductive Treatment Act 1988 (SA) (for example, IVF and artificial insemination carried out by a doctor, but not self-insemination), and
- the partner consented to the fertilisation procedure.
Both women can be registered as co-parents even if they were not living together as domestic partners at the time of the birth, or at the time of registration.
If a birth was previously registered with only the mother as a parent, it is possible to change a child's birth certificate through Births, Deaths and Marriages to to include a female partner as a co-parent, as long as the conditions outlined above apply.
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