In Western Australia, single women are encountering significant obstacles in accessing in-vitro fertilization (IVF) services due to restrictive state laws.

Jane*, a professional woman in her 30s, epitomizes this challenge as she navigated the complex landscape of assisted reproductive technology (ART).

Four years after freezing her eggs, Jane sought to use them for IVF, only to be informed that her status as a single, healthy woman rendered her ineligible for the procedure under current regulations.

Western Australia is the only state in Australia that prevents unpartnered women from accessing IVF unless they are classified as 'sub-fertile.' This regulation not only affects single women but also imposes restrictions on same-sex couples seeking fertility treatments.

Jane expressed her disappointment and frustration, stating, "I think part of the hurt, disappointment and frustration is that it's the 21st century.

In other parts of Australia, women who are not partnered are able to access IVF, and yet in WA, because I chose to do it unpartnered, I was pretty much being discriminated against."

The existing laws allow IVF only for women facing medical challenges related to conception, and do not recognize age as a legitimate factor for access.

Consequently, Jane was presented with the alternative of undergoing several rounds of intra-uterine insemination (IUI), which has a lower success rate and would not utilize her younger frozen eggs.

The estimated success rate for IUI at her age was between 10 and 15 percent, compared to a 40 percent success rate with IVF.

Facing limited options, Jane decided to consider interstate treatment, leading her to research clinics that could facilitate IVF.

Under Western Australian regulations, the fertility clinic was permitted to transfer her frozen eggs to another clinic that was part of the same national chain.

This constraint further narrowed her choices and raised logistical challenges related to traveling to an unfamiliar setting without her support network.

Jane described her journey as making her feel like a "reproductive refugee."

The financial burden was significant, with Jane estimating that the total costs of freezing her eggs and undergoing IVF interstate would exceed $20,000, compounded by the uncertainty of success.

Further complicating her experience, Jane reported being advised by the WA clinic to keep the transfer and procedure "very quiet."

Legal perspectives from Stephen Page, a prominent fertility lawyer, emphasized that Jane had the right to her eggs, and moving them interstate was within legal bounds as long as the procedures adhered to licensing conditions.

He noted that while the Western Australian regulations constrain clinic operations, the current legislative framework requires updating to reflect contemporary reproductive rights.

Previously, in January 2018, the WA government initiated an independent review of its ART and surrogacy legislation, which identified significant discriminatory aspects related to gender and relationship status.

Following the review, a proposed Human Reproductive Technology and Surrogacy Legislation Amendment Bill was introduced but failed to progress due to prolonged parliamentary debates and competing legislative priorities.

Despite the Labor party's control of the WA parliament since 2021, efforts to amend the ART laws have been stalled.

The state government has acknowledged the shortcomings of current legislation, admitting that they have hindered individuals from creating families and driven many to seek services outside Western Australia.

In the interim, Jane’s IVF journey has reached a hopeful milestone; she is currently 30 weeks pregnant and anticipates delivering a girl.

Jane emphasized the importance of her daughter having the freedom of choice regarding reproductive health, advocating for access to assisted reproduction for all individuals, regardless of their relationship status.

In dialogue with various stakeholders, Jane’s experiences underscore the pressing need for legislative reform to ensure equitable access to fertility treatments for all women in Western Australia.