The in-vitro fertilisation (IVF) and assisted reproductive technology (ART) industry is booming, with growing numbers of individuals and couples turning to these services to help start their families.

But following two serious errors at Monash IVF—one of the world’s oldest and most respected IVF businesses—Australia’s fertility sector is under renewed pressure. These incidents—recently featured on ABC’s 7.30—have shaken public confidence and reinforced calls for long-overdue reform of ART laws nationwide.

Two major mix-ups: What went wrong at Monash IVF?

Brisbane: A baby born to the wrong mother

In what is considered one of the most devastating cases in Australian IVF history, it was recently reported that a Brisbane woman unknowingly gave birth in 2023 to another couple’s biological child after Monash IVF mixed up two patients’ embryos and transferred the wrong one. The mistake went undetected for months—only coming to light during a routine audit prompted by a clinic transfer earlier this year.

What was first dismissed as a simple “counting error” later revealed serious flaws with how Monash IVF verified and stored embryos. The mistake only came to light after a fertility specialist left the clinic and transferred their patients to a new provider. While preparing to move one patient’s embryos, staff noticed there was one more embryo than expected—and realised the child this patient had given birth to was not genetically hers.

Melbourne: Another error weeks later

Just months after the Brisbane revelation, another serious error occurred at Monash IVF’s Clayton clinic in Melbourne. A woman undergoing IVF was implanted with the wrong embryo—her own, rather than her partner’s—marking a critical deviation from the agreed treatment plan. Monash IVF confirmed both incidents were due to human error.

These cases follow a $56 million class action settlement against Monash IVF in 2024, involving hundreds of families affected by faulty genetic testing. Collectively, these incidents point to systemic issues that go far beyond isolated mistakes.

Regulatory failure and the push for reform

The fallout from these errors prompted federal and state health ministers to launch a “rapid review” into Australia’s fertility industry. A key concern is that the body currently responsible for accrediting IVF clinics—the Reproductive Technology Accreditation Committee (RTAC)—is also part of the industry’s peak professional body, creating an inherent conflict of interest.

There is now bipartisan support for an independent, national regulator to oversee ART services. Federal Health Minister Mark Butler has stated the focus must be on independence and transparency in accreditation—echoing long-standing concerns that the industry has been left to regulate itself for too long.

A bigger problem: IVF profits before patients

The Monash IVF scandals highlight broader issues in Australia’s fertility sector. What began as a medical treatment has become a commercialised, multi-million dollar industry—often putting profits before patient care.

The legal risks are serious. Affected families face complex, unclear pathways for compensation, including medical negligence claims or complaints to the HCCC.

Adding to the problem is a fragmented legal framework—currently, ART and IVF services in Australia are governed by more than 40 separate pieces of legislation and are not subject to federal regulation. Inconsistent state laws mean oversight is patchy, and errors can go undetected. These failures make it clear: Australia urgently needs consistent national regulation to protect patients and ensure accountability.

Looking for a lawyer specialising in IVF and reproductive health?

Catherine Henry Lawyers are specialists in health law, including reproductive health and IVF-related matters. With over 30 years of experience in advocating for patients, we provide:

• Legal advice and representation in IVF and ART negligence claims
• Assistance in complaints to the HCCC and professional bodies
• Guidance on surrogacy, posthumous conception, consent, parentage, and rights in IVF disputes.

We’ve handled cases on behalf of those who received poor service at an IVF clinic or suffered because of negligent mistakes made in IVF treatment, as well as issues with the storage of gametes and eggs, and we understand the emotional and legal complexity involved.

Contact Catherine Henry Lawyers

If you need legal support with an IVF or reproductive matter, contact the expert and caring team at Catherine Henry Lawyers. Call 1800 874 949 or complete the contact form below.