Queensland Woman Forced to Ask for Permission to Use Her Own Embryos

Topic: Reproductive Technology

Monday, August 3, 2026, at 5:51 am

Monday, August 3, 2026, at 5:54 am

Deborah Poerio had to apply to use her own embryos after new Queensland Health guidance meant there were no more family spots available with her sperm donor.

In short:

Health Minister Tim Nicholls has asked Queensland Health to review its fertility clinic guidance, which advocates and legal experts have described as discriminatory.

Under the advice, providers have been told that two women who both carry a baby using the same sperm donor should be considered two separate families for the purpose of calculating donor limits.

What's next?

The review is expected to be completed in the coming weeks.

Queensland's health minister has instructed the state's health department to review its fertility clinic guidance after several women were told they could not proceed with their treatments.

It follows ABC reporting of a lesbian couple who were informed they were no longer the same family under Queensland Health guidelines and told they may not be able to conceive using the same sperm donor.

In Queensland, donated sperm or eggs cannot be used to create more than 10 Australian families, which the state's legislation defines as a parent, their children, and their spouse, if any.

But in February, Queensland Health released general guidance advising fertility providers to count lesbian couples who both conceive using the same donor as two separate families.

Surrogacy and fertility lawyer Stephen Page said Queensland Health's interpretation of the donor-related family limit was clearly discrimination against lesbian couples.

Fertility lawyer Stephen Page said Queensland Health's family limit guidance contradicts several other pieces of state and federal legislation.

The legislation is quite clear that family is you, your partner, and your children.

We've long recognised lesbian couples under the Status of Children Act in Queensland and under the Family Law Act, and of course under the Marriage Act.

While the health department is due to complete its review in the coming weeks, Queensland women and fertility clinics are still subject to the discriminatory guidance.

Heartbreaking impact on patients

Deborah Poerio, 36, has been trying to get pregnant through IVF for six years. After creating four embryos in April, she thought she may finally get the chance.

However, in a heartbreaking call on July 23 from her fertility provider, Monash IVF, she was told she could not go ahead with an embryo transfer because there were no more family spots available with her sperm donor.

Ms Poerio has been trying to get pregnant through IVF for six years.

In a follow-up email, the clinic told Ms Poerio there were 10 families allocated to her donor, one or more of which were same-sex couples who, under the updated guidance, now used more family spots.

The Queensland Health advice, issued in February, has had a devastating impact on some same-sex couples trying to have more children.

Until Monash IVF received further guidance from Queensland Health about the interpretation of the family limit, these couples had been considered as one family allocation.

As a result of this clarified advice, we are required to apply individual allocations under the family limit.

This is why you were previously able to create embryos using this donor, but following the clarified advice, the donor is now considered to be over the family limit under the Queensland ART Act.

Ms Poerio was crushed by the news.

The embryos are mine.

They are not property of Queensland Health.

I created them with pain and with hope and they step in and say, You actually can't transfer because we misinterpreted the law.

No thank you, let me transfer my embryo.