Queensland's health minister has directed the state's health department to review its fertility clinic guidance after multiple women were informed they could no longer continue their treatments.

This decision follows ABC reporting about a lesbian couple who were told under Queensland Health guidelines they were no longer considered the same family and might not be able to conceive using the same sperm donor.

Queensland legislation limits donated sperm or eggs to creating no more than 10 Australian families, defined as a parent, their children, and their spouse if any. However, in February 2026, Queensland Health issued 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 criticized this interpretation as "clearly discrimination against lesbian couples," noting it contradicts several other state and federal laws. He emphasized, "The legislation is quite clear that family is you, your partner and your children."

In one case, Deborah Poerio, who has been trying to conceive through IVF for six years, was told in a "heartbreaking" call on July 23 by her fertility provider, Monash IVF, that she could not proceed with an embryo transfer because there were no more family spots available with her sperm donor.

Michelle Galea, founder of Assisted Reproductive Treatment Families Australia and Australian Solo Mothers by Choice, stated that Queensland Health was "making the donor pool smaller for no good reason" by requiring lesbian couples to use two family allocations.

Monash IVF is currently in discussions with Queensland Health and supports a review of the regulations to ensure they meet their intended purpose while maintaining continuity of care, especially for patients who created embryos before the new rules took effect.

Sources