Greek lawyer George Defteros won a landmark legal battle this week, defending a sex offender’s right to IVF treatment. The man was denied access to IVF treatment after he was convicted of having sex with a minor in 2008.
He and his partner had begun IVF treatment before he was imprisoned and planned to to resume it when he was released after a 12-month prison stint early last year.
Their move was blocked by the Patient Review Panel, a body newly formed under Health Department guidelines, using the new Assisted Reproductive Treatment Act. According to the Act, all prospective IVF parents are required to undergo police checks and argue why they should be allowed access before the review panel. This act became law when the man was released from prison.
Justice Ian Ross, who presided over the case, stated in his ruling that: “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” and added that :”The victim of these offences was a sexually mature minor and there is no information suggesting any deviant sexual preference and, in particular, the man has no sexual arousal to children.”
The ruling found that the man understood his mistake and knows how to avoid it in the future. He is now able to discern the boundaries between parent and child and to avoid reoffending in the future. Before he and his partner are able to recommence IVF treatments, he must complete 12 counselling sessions with a health professional.
“We are extremely happy with the decision. We think this is a landmark case that will have important ramifications for the future,” Mr Defteros said and added that “The clients are ecstatic and very anxious to get on with their lives.”
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