Tuesday the 30th of July, 2024

Rachel Payne MP directed a question on notice to the Attorney-General, relating to Assisted Reproductive Treatment legislation.
A final report was released in 2019 by Michael Gorton AM, providing recommendations to be implemented for the amendment and modernisation of laws regarding Assisted Reproductive Treatment.

RACHEL PAYNE — To ask the Attorney-General: 
In relation to recommendation 64 of Michael Gorton’s Independent Review of Assisted Reproductive Treatment in Victoria: When will legislation be brought forward that will implement recommendation 64 to streamline parentage orders by amending part IV of the Status of Children Act 1974 and to ensure a consistent and streamlined approach in the consideration of parentage orders arising from all surrogacy arrangements, including a residual discretion for the court to grant a parentage order if exceptional circumstances apply and the making of the order would be in the best interests of the child.

Written Response Received, 23rd of October 2024:

Thank you for your question about assisted reproductive treatment reforms.

The Minister for Health is responsible for the Assisted Reproductive Treatment Act 2008 (ART Act), and for the administration of the system of Assisted Reproductive Treatment (ART) in Victoria, including surrogacies assisted by ART services. The Minister for Health commissioned the Gorton Review and has been leading its implementation since 2019.

Recommendation 64 of the Gorton Review is primarily directed at the issue of whether all surrogacies should be administered through the ART system and reviewed by the Patient Review Panel. This is the policy responsibility of the Minister for Health. Any amendments to the Status of Children Act 1974 are consequential to advancing the primary recommendation.

The question should therefore be directed to the Minister for Health, as the minister leading the implementation of the Gorton Review, for further response.

Jaclyn Symes MP
Attorney-General
Minister for Emergency Services

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