Fertility advocates are urging the federal government to step in and regulate the IVF industry, following another embryo mix-up at Monash IVF. They are also calling for routine DNA testing of children born through assisted reproductive technology (ART).
This week, Monash IVF confirmed that an embryo was transferred to a patient in error for the second time in two months. The company disclosed the incident in a statement to the Australian Securities Exchange (ASX), revealing the mistake happened at its Clayton laboratory in Melbourne. A patient received her own embryo, instead of her partner’s, as was intended in the treatment plan.
In April, Monash IVF admitted a similar mistake at its Brisbane clinic. A woman was implanted with another patient’s embryo and gave birth in 2023 to a child who is not genetically related to her. The error was only uncovered earlier this year when the couple requested to transfer their remaining embryos to a different clinic.
Push for National Regulation
Following these incidents, IVF activists Anastasia Gunn and Katherine Dawson have written to federal Health Minister Mark Butler and state health ministers. The ministers are scheduled to meet in Melbourne on Friday.
In their letter, the activists called for nationwide laws to oversee the ART industry, as well as the creation of a central register for donors. They argued that the mistakes are not isolated events but signs of deeper systemic problems.
“These are not rare errors,” the letter stated. “They are the result of ongoing failures in how the system is run.”
While Victoria has had ART legislation in place for more than 10 years, Queensland only introduced similar laws in 2023.
Gunn and Dawson say they are speaking out on behalf of families who cannot or do not want to go public.
“In many cases, families remain silent for privacy,” they wrote. “But we’re stepping forward to speak for everyone who may have been harmed — including those who don’t yet know.”
Personal Experience Drives Advocacy
Gunn has a personal connection to the issue. Between 2006 and 2014, she and her partner conceived three sons using donor sperm at the Queensland Fertility Group (QFG). They specifically requested the same donor for all three children.
However, recent DNA testing revealed that her eldest son is not biologically related to his two younger brothers. The two younger boys have also been diagnosed with health conditions.
QFG maintains that its records show the same donor was used for all three children.
Given her experience and the latest Monash IVF mistake, Gunn is encouraging all ART families to consider DNA testing.
“At best, it will give families peace of mind,” she told the ABC. “At worst, it will expose serious problems with how these clinics are operating.”
She added, “Clinics should offer DNA testing when patients ask for it. If they have nothing to hide, they should have no problem doing that.”
Investigation and Regulatory Response
Victoria’s health regulator is currently investigating the Monash IVF incident. Dr. David Rudge, a senior health official, said the state’s system has strong rules in place, but those rules must be enforced.
“The real key is making sure these regulations are actually used,” he said.
Dr. Rudge noted that the Department of Health’s Secretary has powers to take action against providers. This includes placing conditions on their registration, suspending their operation, or referring matters for legal action.
Although some are calling for a federal system to oversee IVF clinics, Dr. Rudge believes national laws would likely mirror Victoria’s existing model.
“In reality, a federal framework would probably look much like Victoria’s,” he said. “So the real issue is making sure regulators act when mistakes happen.”
Federal Minister Responds
Health Minister Mark Butler has confirmed that IVF regulation will be on the agenda at the upcoming meeting with state and territory health ministers.
The ABC reached out to both Monash IVF and QFG regarding DNA testing policies. Monash IVF referred to its ASX statement, while QFG did not respond to questions.
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