Ruqayyah Snyder
Australia has banned the use of assisted reproductive technology for social sex selection, allowing it only to reduce the risk of transmitting a serious genetic condition. The National Health and Medical Research Council (NHMRC) guidelines prohibit sex selection in Australia on ethical and moral grounds, with concerns about creating a gender imbalance and reinforcing discriminatory and sexist stereotypes. However, the NHMRC is considering changing the rules, and some Australians have travelled overseas for non-medical sex selection.
| Characteristics | Values |
|---|---|
| Current legality of gender selection | Illegal except in certain medical cases |
| Reasons for ban | Ethical and moral grounds, concerns about gender imbalance |
| Organisations considering changing the rules | National Health and Medical Research Council, National Health and Medical Research Council of Australia (NHMRC) |
| Organisations that oppose gender selection | United Nations, World Health Organisation |
| States that have legislated on the issue | Victoria, Western Australia, South Australia, New South Wales |
| States that have not introduced bills to ban conversion therapy | Western Australia, Northern Territory, Tasmania |
| States that allow youths to change their given names and sex | Australian Capital Territory |
| States that allow sex changes on birth certificates without surgery | South Australia |
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What You'll Learn
To prevent gender imbalance
Sex selection is generally prohibited across Australia, with three states specifically legislating on this issue. The ban came into force in 2004 when the National Health and Medical Research Council (NHMRC) essentially outlawed it on moral and ethical grounds. The Australian Health Ethics Committee believes that admission to life should not be conditional upon a child being a particular sex.
The NHMRC guidelines do permit the process of sex selection using PGS/PGD (pre-implantation genetic screening/diagnosis) to avoid the risk of transmitting a serious genetic condition. The position in Australia is that sex selection is justified in cases where it is in the child's best interests to be born a specific sex. For example, couples may carry genes for muscular dystrophy and haemophilia, health conditions that only affect males. In such a situation, they may legally investigate the possibility of producing a female through IVF.
The ban on non-medical sex selection in Australia is due to concerns about creating a gender imbalance by distorting the natural sex ratio and reinforcing sexist and discriminatory stereotypes. This phenomenon has been labelled "reproductive tourism", where people travel to locations where gender selection is governed by less strict regulations. Since the guidelines from NHMRC came into effect, it is estimated that over 200 Australians have travelled overseas for non-medical sex selection every year.
While sex selection is banned in Australia, abortion is permitted. Abortion law in Australia has been left to the jurisdiction of the individual states, and in many states has evolved through common law to allow abortions based on the medical need of the patient.
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To avoid reinforcing sexist and discriminatory stereotypes
Australia has banned the use of assisted reproductive technology for social sex selection. This ban came into force in 2004, when the National Health and Medical Research Council (NHMRC) essentially outlawed it on moral, ethical, and medical grounds.
The Australian Health Ethics Committee believes that admission to life should not be conditional upon a child being a particular sex. The Committee has stated that, pending further community discussion, sex selection (by whatever means) must not be undertaken except to reduce the risk of transmission of a serious genetic condition.
The NHMRC guidelines do permit the process of sex selection using PGS/PGD (pre-implantation genetic screening/diagnosis) to avoid the risk of transmitting a serious genetic condition. The ban on non-medical sex selection in Australia has resulted in a phenomenon called "reproductive tourism," where people travel to locations where gender selection is governed by less strict regulations.
One of the reasons for the ban on gender selection in Australia is to avoid reinforcing sexist and discriminatory stereotypes. This is related to the concern that sex selection could devalue females and lead to a "shortage of women for men to marry." This could potentially create a gender imbalance, as has been observed in China and parts of northern India, where there are more men than women.
The ban on gender selection in Australia is not absolute, and there are ongoing discussions and reviews about changing the rules. The NHMRC is considering changing the rules on gender selection, and there is limited research into whether Australians support the use of sex selection for non-medical purposes.
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To reduce the risk of transmission of a serious genetic condition
In Australia, the National Health and Medical Research Council (NHMRC) has banned the use of assisted reproductive technology for social sex selection. However, the ban does not apply to cases where sex selection is necessary to reduce the risk of transmitting a serious genetic condition.
The Australian Health Ethics Committee (AHEC) believes that admission to life should not be conditional upon a child being a particular sex. The AHEC guidelines state that, pending further community discussion, sex selection must not be undertaken except to reduce the risk of transmitting a serious genetic condition. These guidelines are not legally binding, as they involve the formation and use of human embryos through artificial reproductive technology. Bodies offering these services must be accredited by an accreditation body, such as the Fertility Society of Australia, which requires compliance with the NHMRC ART guidelines.
The NHMRC's ban on social sex selection was implemented in 2004 on moral and ethical grounds. The ban applies to the use of assisted reproductive technology, such as in vitro fertilisation (IVF), to select the sex of an embryo unless it is to prevent the transmission of a genetic defect. This prohibition is in place to prevent the potential for gender bias against girls and to avoid possible sex ratio distortions, which could lead to a "shortage of women for men to marry".
While the ban on social sex selection is in place at the federal level, three states in Australia have specifically legislated on this issue: Victoria, Western Australia, and South Australia. Western Australia and South Australia have both approved the use of pre-implantation genetic diagnosis (PGD) to determine embryo sex before implantation but prohibit the use of this technology to select the sex of an embryo unless it is to prevent a gender-based disorder or the transmission of a genetic defect.
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To prevent reproductive tourism
The ban on gender selection in Australia has led to a notable increase in the number of couples seeking such services overseas. This phenomenon has been labelled "reproductive tourism". Since the guidelines from NHMRC came into effect, it is estimated that over 200 Australians travel abroad for non-medical gender selection every year.
Reproductive tourism comes with various risks and complications. Those seeking this service overseas are advised to research the success rates of overseas clinics and consult their local fertility specialist for advice about trusted clinics. Generally, American clinics are safer but can be significantly more expensive than clinics in Asia or the Middle East.
Some Australian couples are heading to Asia or the US, where they are paying between $30,000 and $50,000 to undergo gender selection IVF. This is a significant increase compared to the $10,000 cost of a single round of standard IVF in Australia.
The Australian government has an interest in preventing reproductive tourism, as it can be costly for citizens and may result in medical negligence. Health and medical lawyers have a role in advising and representing people in reproductive health disputes, both domestically and abroad.
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To uphold ethical and moral standards
Australia has banned the use of assisted reproductive technology for social sex selection on ethical and moral grounds. The National Health and Medical Research Council (NHMRC) guidelines prohibit sex selection in Australia, stating that it is an "ethically controversial issue". The Australian Health Ethics Committee (AHEC) believes that admission to life should not be conditional upon a child being a particular sex. Therefore, sex selection must not be undertaken except to reduce the risk of transmitting a serious genetic condition.
The ban on sex selection in Australia is based on concerns about creating a gender imbalance by distorting the natural sex ratio and reinforcing sexist and discriminatory stereotypes. There is a fear that allowing sex selection could lead to a shortage of women for men to marry, as seen in some parts of China and India, where there are more boys than girls due to sex-selective practices.
The NHMRC guidelines do permit sex selection using PGS/PGD (pre-implantation genetic screening/diagnosis) to avoid the risk of transmitting a serious genetic condition. For example, couples may carry genes for muscular dystrophy and haemophilia, health conditions that only affect males. In such cases, they may legally investigate the possibility of producing a female through IVF.
While the use of assisted reproductive technology for social sex selection is banned in Australia, it is allowed in other countries, including the United States, Italy, Mexico, and many Asian countries. This has led to a phenomenon known as "reproductive tourism," where Australians travel overseas to undergo non-medical sex selection. However, this practice comes with various risks and complications, and it is recommended that individuals seeking these services do their research and consult their local fertility specialist for advice about trusted clinics.
The laws and guidelines regarding sex selection in Australia are subject to change, and there have been discussions about potentially allowing sex selection for non-medical purposes. However, as of 2023, sex selection for social or lifestyle reasons remains prohibited in Australia to uphold ethical and moral standards.
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Frequently asked questions
The National Health and Medical Research Council banned the use of assisted reproductive technology for social sex selection on ethical and moral grounds. The Australian Health Ethics Committee believes that admission to life should not be conditional upon a child being a particular sex. There are also concerns about creating a gender imbalance.
Yes, in certain medical cases, gender selection is permitted in Australia. For example, in cases where there is a risk of transmitting a serious genetic condition, gender selection may be used to ensure the child is not affected.
Yes, some Australians travel overseas to receive gender selection treatment. This phenomenon has been labelled "reproductive tourism".
