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.
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Monash IVF applied to Queensland Health to allow Ms Poerio to use her embryos, and eight days later, the department granted her an approval.
But Ms Poerio said she felt it was ridiculous she needed to ask for an exemption in the first place.
It has been a week filled with headaches, tears, worries, heartbreak, and no-one is going to give me this week back.
Guidance review as a matter of priority
In a statement, Health Minister Tim Nicholls said he had received and considered feedback about Queensland's family limit guidelines.
Health Minister Tim Nicholls has asked the health department to review its fertility guidance as a matter of priority.
I share many of the concerns that have been raised in relation to the Department of Health's interpretation of the law and guidance to service providers.
I have asked the department to seek further advice as a matter of priority, and that guidance materials be reviewed following the provision of this advice.
The ABC understands this review process is expected to be complete within a matter of weeks.
Advocate calls for immediate clarification
Michelle Galea, founder of Assisted Reproductive Treatment Families Australia and Australian Solo Mothers by Choice, said Queensland Health was making the donor pool smaller for no good reason by requiring lesbian couples to use two family allocations.
Michelle Galea is the founder of Assisted Reproductive Treatment Families Australia and Australian Solo Mothers by Choice.
I want a clarification and I need it today.
We can't wait another month, we can't wait another two weeks.
We have got women who are in the midst of their procedures and their mental health is just debilitating.
In a statement, a spokesperson for Monash IVF said the company understood how distressing the recent regulatory changes to donor limits in Queensland have been for patients across the IVF sector.
Monash IVF supports family limits to protect donor-conceived people and would support a national approach to these regulations.
A spokesperson for Monash IVF said the company would support Queensland Health in a review of its regulations.
However, the new regulations in Queensland, which revise the definition of a family, are having unintended consequences for some patients, affecting their ability to access treatment using their existing donor embryos.
Monash IVF is in discussions with Queensland Health and would support Queensland Health in a review of the regulations to ensure they achieve the intended purpose while also supporting continuity of care for patients, especially those who created embryos before the new regulations came into effect.
Queensland Health was contacted for comment.
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