Queensland Health Updates Fertility Clinic Guidance for Same-Sex Couples

Queensland's health department has updated guidance for fertility clinics, reclassifying same-sex couples who both carry a pregnancy as one family. The change follows concerns from several lesbian couples, including one woman who had to seek government permission to use her own embryos.

The issue arose in February when new guidance was issued to fertility providers to navigate the state's assisted reproductive technology (ART) legislation. Under the original guidance, same-sex couples who both carried a pregnancy were considered two separate families.

Interpretation 'caused concerns'

In a letter, Chief Health Officer Marianne Gale said the earlier interpretation had the "potential to result in unintended consequences". "While mechanisms were intentionally put in place to enable the family limit to be exceeded through transitional arrangements of the Chief Executive approval pathway, we appreciate that the family limit interpretations caused concerns for some patients and providers," Dr Gale wrote. "Additional advice was sought and the approach has been reviewed."

"As a result, the family limit will be applied differently going forward and retrospectively from 1 March 2026."

New guidance issued

The updated guidance defines a same-sex couple who both conceive using the same donor as one family. Fertility lawyer Stephen Page said he was "delighted" by the update. "This is a real victory of advocacy," he said. "Queensland Health previously was obstinate that it was right, and that if you had a lesbian couple, that somehow they missed the definition of a family."

"I'm glad that Queensland Health reviewed this matter and as a result, they've reconsidered it." Mr Page said Queensland Health's family limit guidance contradicts several other pieces of state and federal legislation.

'Win for Queensland families'

Earlier this year, Kate Cantrell and her fiance Jessie Fraher were told they were not considered the same family, after approaching their fertility clinic with plans to conceive their second child together. Ms Cantrell said she was "relieved" that other same-sex couples would not have to go through the same situation. "It's a battle that shouldn't have had to be fought," she said.

"Obviously it's the right decision, even though it's caused a lot of unnecessary stress and pressure for families like ours." Ms Cantrell said. "We're really relieved that moving forward, we will now be considered one family for the purpose of counting donor limits, which means that we can progress with making the family that we've always wanted to create."

Rainbow Families equality director Heather Corkhill said the outcome was a "really important win for Queensland families". "This will mean more people will have the opportunity to use the same donor to have biologically-related siblings if they choose," Ms Corkhill said. "It also recognises something pretty fundamental — a family is a family."

"It shouldn't suddenly become 'two families' just because there are two parents using the same donor." Ms Corkhill noted there was still a "gap" in the guidance for separated families who want to use the same donor as a solo parent or with a new partner.

A spokesperson for Queensland Health said it "understands that initial guidance about the family limit caused concerns for some patients and providers". "Queensland Health has reviewed its interpretation and is adopting a revised approach to applying the family limit," the spokesperson said. "The updated approach continues to protect donor-conceived people while better reflecting social family structures."

Monash IVF welcomed the updated guidance and in a statement said the revised definition was a "positive outcome for everyone seeking access to fertility treatment".