Challenge To Landmark Ruling On Sex Offender's Right To IVF (POLL)
Should A Sex Offender Have Right To IVF? (POLL)
Kyrsty Hazell— The Huffington Post UK
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Should a woman be allowed to undergo IVF, if her partner has been convicted of a sexual offence?
According to a patient review panel in Australia, who are challenging a landmark ruling to allow a convicted sex offender's wife to undergo fertility treatment, the answer should be No.
The panel is urging the Court of Appeal to quash a Victorian Civil and Administrative Tribunal (VCAT) decision last year that overturned an automatic ban on IVF access, arising from the sex offender's conviction.
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Should this man have the right to IVF treatment?
According to the Herald Sun, the landmark hearing last year gave the green light to an unnamed sex offender to proceed with the costly IVF treatment, despite a 12-month jail sentence for his crime.
The 34-year-old man and his wife had started the IVF treatment, but were banned from continuing after he was convicted of sexual offence in 2009.
The Patient Review Panel originally denied the couple access to the treatment in 2010 once he had served his sentence, citing the new Assisted Reproductive Treatment Act as the reason. This act bans criminals from fertility treatment.
However, the Victorian Civil and Administrative Tribunal overturned the decision in 2011, claiming that the man posed no serious danger to minors.
"It is important to appreciate that the purpose of this review is not to further punish (the man) for his offending - a just punishment has already been imposed by the County Court,'' then VCAT president Justice Iain Ross ruled, reports the Herald Sun.
The Patients Review Panel appealed this ruling today and are hoping to overturn the ruling in the Supreme Court.
Explaining their reasons behind the appeal, Kerri Judd from the Patient Review Panel has said that their focus is not on the man reoffending, but of the best interest in the unborn child.
“What we want is for the correct test to be applied,” Judd told The Australian.
“Whatever test is formulated the focus needs to be on the interest of the child.”
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Pictures Of The Day: 16 July 2012
(01 of13)
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A group of three soldiers from the Royal Regiment of Scotland rest in front of the Olympic stadium, as they make their way to security check point at the Olympic Park entrances, in Stratford east London. (Photo credit: John Stillwell/PA Wire)
(02 of13)
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An anti-nuclear protester dressed as a clown is moved on by police during a march through downtown Tokyo, Monday, July 16, 2012. Tens of thousands of people gathered at a Tokyo park, demanding "ìSayonara" or goodbye, to nuclear power as Japan prepares to restart yet another reactor, and expressed outrage over a report that blamed culture on the Fukushima disaster. (Photo credit: AP Photo/Greg Baker)
(03 of13)
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Protesters stage a rally against the restart of a nuclear reactor, in Tokyo, Monday, July 16, 2012. A nuclear reactor in western Japan begun generating electricity, Thursday July 5, in the first restart since last year's tsunami led to a nationwide nuclear power plant shutdown. (Photo credit: AP Photo/Koji Sasahara)
(04 of13)
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Storks stand on their nest as the sun rises in the foggy morning, near the village of Chereshlya, 150 kilometers (93 miles) west of Minsk, Belarus, early Monday, July 16, 2012. (Photo credit: AP Photo/Sergei Grits)
(05 of13)
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A participant tackles the Mud Mile obstacle on the final day of the 2012 Tough Mudder Extreme Endurance Challenge held in the grounds of Drumlanrig Castle and Country Estate in Dumfriesshire. (Photo credit: PA)
(06 of13)
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A deer stands in the fog-covered field during a sunrise near the village of Chereshlya, some 160 km (100 miles) west of Minsk, Belarus, early Monday, July 16, 2012. (Photo credit: AP Photo/Sergei Grits)
(07 of13)
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Israelis wave their national flag as they march through the streets to protest rising housing costs on July 15, 2012 in Tel Aviv, Israel. Growing discontent among Israelis over housing prices and other social inequalities have spurred marches, boycotts and labor strikes in the Jewish state. An Israeli man set himself on fire during the march for social justice protest yesterday. (Photo credit: Uriel Sinai/Getty Images)
(08 of13)
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A visitor extends her hand to touch a high-resolution digital movie (4000 x 2000) of a whale shark during a press preview at the Sony showroom in Tokyo on July 16, 2011 on Marine Day. Sony will display a high resolution movie illustrating Okinawa's aquarium through September 9 to attract summer vacationers. (Photo credit: YOSHIKAZU TSUNO/AFP/GettyImages)
(09 of13)
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A visitor extends her hand to touch a high-resolution digital movie (4000 x 2000) of pigmy sweepers during a press preview at the Sony showroom in Tokyo on July 16, 2011 on Marine Day. Sony will display a high resolution movie illustrating Okinawa's aquarium through September 9 to attract summer vacationers. (Photo credit: YOSHIKAZU TSUNO/AFP/GettyImages)
(10 of13)
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A Hindu devotee poses in the Bagmati River for Shravan festivities before heading towards the Pashupatinath Temple to offer prayers to Lord Shiva, Hindu god of destruction, in Sundarijal on the outskirts of Kathmandu on July 16, 2012. According to the Nepali calendar Shravan is considered the holiest month of the year with each Monday of the month known as Shravan Somvar when worshippers offer prayers for a happy and prosperous life. (Photo credit: PRAKASH MATHEMA/AFP/GettyImages)
(11 of13)
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Hindu devotees bathe in the Bagmati River for Shravan festivities before heading towards the Pashupatinath Temple to offer prayers to Lord Shiva, Hindu god of destruction, in Sundarijal on the outskirts of Kathmandu on July 16, 2012. According to the Nepali calendar Shravan is considered the holiest month of the year with each Monday of the month known as Shravan Somvar when worshippers offer prayers for a happy and prosperous life. (Photo credit: PRAKASH MATHEMA/AFP/GettyImages)
(12 of13)
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A man wearing a Guy Fawkes mask holds a placard as he takes part in anti-nuclear rally in Tokyo on July 16, 2012. Tens of thousands of people rallied in Tokyo demanding an end to nuclear power, the latest in a series of anti-atomic gatherings following the tsunami-sparked disaster at Fukushima. (Photo credit: YOSHIKAZU TSUNO/AFP/GettyImages)
(13 of13)
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Kashmiri government teachers shout anti government slogans during a protest in Srinagar on July 16, 2012. Indian police used water cannons and detained dozens of government teachers demanding raises in their salary and regularisation of their jobs. (Photo credit: TAUSEEF MUSTAFA/AFP/GettyImages)