Restricting Access to ART on the Basis of Criminal Record: An Ethical Analysis of a State-Enforced “Presumption Against Treatment” With Regard to Assisted Reproductive Technologies

Abstract

As assisted reproductive technologies (ART) become increasingly popular, debate has intensified over the ethical justification for restricting access to ART based on various medical and non-medical factors. In 2010, the Australian state of Victoria enacted world-first legislation that denies access to ART for all patients with certain criminal or child protection histories. Patients and their partners are identified via a compulsory police and child protection check prior to commencing ART and, if found to have a previous relevant conviction or child protection order, are given a “presumption against treatment.” This article reviews the legislation and identifies arguments that may be used t..