26 Oct 2012, 3:03 pm
Court overturns sex offender IVF ruling
"An appeal court has overturned a decision allowing the partner of a convicted sex offender to receive IVF treatment.
A Victorian tribunal failed to consider the best interests of a child when it allowed a convicted sex offender and his wife access to IVF treatment, an appeal court has found.
The Victorian Civil and Administrative Tribunal (VCAT) last year granted the couple access to the fertility treatment despite the husband having been jailed for sexually penetrating a 16-year-old girl who had a cognitive impairment.
The VCAT ruling overturned a decision by the Patient Review Panel to deny IVF treatment to the woman and her 34-year-old partner, referred to as ABY.
On Friday, in what Victorian Chief Justice Marilyn Warren said may be considered a test case, the Victorian Court of Appeal ordered VCAT to reconsider its decision, saying it failed to apply the proper legal test.
Chief Justice Warren and Justices Pamela Tate and David Beach said the correct test that should have been applied was whether it was in the best interests of the child born from the treatment.
They said these include matters affecting his or her physical, sexual, emotional and developmental wellbeing."
Court overturns IVF decision for sex offender