Application form
Use this application form if you need to apply to the Patient Review Panel for approval to choose the sex of a future child.
Guidance note
More detailed information about sex selection in Victoria and how to apply to the Patient Review Panel can be found in the below guidance note:
What is sex selection?
In assisted reproductive treatment (ART), sex selection means choosing an embryo to transfer based on whether it is genetically male or female.
This is done using a scientific process called pre-implantation genetic testing (PGT).
Pre-implantation genetic testing (PGD)
PGT is a test that can be done on an embryo before it is transferred into the body of a person undergoing treatment to start a pregnancy.
PGT looks at the genes in the embryo to see if there are certain genetic conditions or differences, like those that cause diseases like cystic fibrosis or changes in chromosomes.
Using PGT, doctors can choose embryos to transfer that do not carry specific diseases or abnormalities, so that these conditions are not passed onto future children.
PGT can also be used to see the genetic sex of an embryo.
Sex selection and the law in Victoria
In Victoria, there are only two situations where choosing the sex of a baby using ART is allowed:
To prevent a serious genetic condition.
If choosing the sex of an embryo before it is used in a treatment procedure would avoid a genetic disease or abnormality from being passed onto the child that is born then an ART clinic can perform sex selection without approval from the Patient Review Panel.
If the Patient Review Panel approves it.
In all other situations, an ART clinic can only perform sex selection if the person who is undergoing treatment applies to the Patient Review Panel for approval first.
Under Victorian law, breaking the rules around sex selection is considered a serious offence with penalties of up to $48,842.40 (as of 1 July 2025), two years in prison, or both.
If sex selection would only reduce, but not completely avoid, the risk of passing on a genetic condition to the child that will be born then approval from the Patient Review Panel is required.
Applying for sex selection using ART
In Victoria, there are only very limited circumstances where a person can use ART with sex selection.
If sex selection is not being used to avoid a serious genetic condition then the person undergoing treatment will not meet the usual eligibility requirements for treatment.
This means that the Patient Review Panel must decide whether that person can or cannot have a treatment procedure that includes sex selection.
How the Patient Review Panel makes its decision
When deciding whether to approve an application for sex selection, the Patient Review Panel must consider the following:
1. The Guiding Principles of the Assisted Reproductive Treatment Act 2008 (the ART Act).
The Guiding Principles of the ART Act say that:
- The wellbeing of any child to be born from ART is the most important thing.
- ART must never be used to exploit people or children.
- Children born using donated eggs, sperm or embryos have a right to know information about their donors.
- The health and safety of people having ART must always be protected.
- People having ART must not be discriminated against because of their sexual orientation, gender identity, relationship status, race, religion or sex characteristics.
The wellbeing of the child to be born being the most important thing means that if a decision has to be made about something that is good for the child or something that is good for the parents, then what is good for the child must always be chosen.
2. Whether sex selection has a medical purpose (a "therapeutic goal").
This means that the reason for wanting the baby to be a particular sex needs to be because it will medically benefit the baby in some way (for example, avoiding a serious genetic condition) rather than for some other reason, like social or cultural reasons (for example, wanting a male child because the family already has several female children).
3. Where it is in the best interests of the child to be born.
Like the Guiding Principles, this means that sex selection must be something that is best for the child to be born rather that something that would be good for someone else or something that might have a negative impact on the child to be born.
Other factors the Patient Review Panel can consider
The Patient Review Panel may also take into account:
- that sex selection is not permitted in Victoria, except in very limited cases,
- that one of the cases where sex selection is permitted is to avoid transmission of a serious genetic condition,
- what the intention and purpose of the ART Act is,
- any other similar legal cases or previous Panel decisions; and,
- what the National Health and Medical Research Council (NHMRC) says about sex selection and ART.
The NHMRC has published guidelines on how ART should be used in Australia that say sex selection should oly be used to reduce the risk of passing on a serious genetic condition that would signifcantly affect the quality of life of the child to be born and that there must be evidence that:
- the condition affects one sex much more than the other; and,
- there is a higher risk of the condition being passed on than you would find in the general population.
Sex selection for social, personal or cultural reasons
The Patient Review Panel looks at every application individually but because of the law in Victoria and what the NHMRC has said about sex selection in their guidelines, applications for sex selection due to social, personal or cultural reasons (rather than medical reasons such as to reduce the risk of transmission of a serious genetic condition) are unlikely to be approved.
Things to do before applying
Before making an application to the Patient Review Panel, you should speak to an ART clinic or another specialist (for example, a clinical geneticist) about:
- any risks involved in PGT,
- how likely it is that you will be able to get an embryo of the sex you want,
- how likely it is that you will be able to achieve a pregnancy,
- what, if any, other treatment options are available; and,
- how the genetic condition affects the sex you want to have compared to how it affects the other sex.
Your clinic or specialist should also talk to you about:
- how severe the genetic condition is and how it affects someone,
- what treatments are available that could reduce the impact of the condition,
- what life is like for families of people who have the condition,
- how other people might act or treat people with the condition,
- what friends and family are available to provide support,
- how having treatment might affect any other children in your family,
- how likely it is that all embryos you make carry the condition,
- that sometimes the cause of a condition is unknown and that testing might find something where the signifcance is unclear,
- that testing might find other conditions that you were not aware or or looking for; and,
- how the results of your testing will be stored and shared with you.
Documents to get before you apply
Signed and dated application form
You will need to complete the application form available at the bottom of this page.
Letter from qualified doctor or genetic counsellor
If you are applying for sex selection to reduce the risk of passing on a genetic condition then please also provide a letter from a qualified doctor or genetic counsellor that explains:
- what the genetic condition is,
- how the genetic condition affects males and females,
- how likely you are to pass on the genetic condition to a future child,
- how much would that likelihood be reduced if you were to select the sex of a future child,
- how accurate and available PGT is,
- why PGT is the most suitable option for you; and,
- whether there are any alternative treatment options.
Evidence of the genetic condition
This could be copies of test results or a letter or report from an independent health professional confirming a diagnosis. For conditions such as autism spectrum disorder (ASD) this may be a doctor, paediatrician, psychologist, or speech pathologist.
Any letter or report confirming a diagnosis must not be written by the applicants themselves or a family member, friend, colleague or professional associate.
After the application is made
Once your application has been received by the Patient Review Panel, it will need to be reviewed by the Panel staff and they may need to discuss it with the Chairperson of the Panel.
If any information is missing or more details are needed, then Panel staff will contact you. Panel staff may also discuss your application with your treating clinic and get information from them directly.
Independent Reports
Sometimes an application for sex selection might be so complex that the Patient Review Panel needs to get advice from an expert like an independent clinical geneticst.
If the Patient Review Panel does decide that it would like to get a report, it will:
- seek your consent to share your application and any supporting documents with the expert,
- choose an expert and cover any costs involved in getting the report,
- give you a copy of the report once it has been written.
Notice of Hearing
Once your application has been reviewed and is ready for hearing, you will receive a Notice of Hearing that tells you what the hearing is about, when it will be held and how to attend and what potential decisions the Patient Revew Panel may make.
The Notice of Hearing will also tell you that you are allowed to attend the hearing, talk or write to the Patient Review Panel and bring someone else who is not an applicant to the hearing with you.
All Patient Review Panel hearings are private. This means that anyone who is not an applicant, Panel staff member or Panel member is not allowed to be present for the hearing.
You are also not allowed to have a lawyer represent you at the hearing unless you have asked the Panel for permission first.
Attending the Hearing
At the moment, all Panel hearings are held by videoconference using Microsoft Teams.
While the law does not require you to attend the hearing, it really helps the Patient Review Panel when you do because that means it can see and talk to you directly about your application.
If you do not want to attend the hearing or cannot use videoconference, you will need to let the Patient Review Panel know in writing as soon as possible. You can do this by emailing Panel staff at prp@health.vic.gov.au.
The Chairperson will decide whether the hearing will proceed and/or whether you can attend the hearing on the telephone instead.
If you do attend the hearing on the telephone, then there is a possiblity that the Patient Review Panel might need to delay (adjourn) making a decision or that it might not be able to approve the application without seeing and speaking to you via videoconference.
About the Hearing
There will be five Patient Review Panel members at the hearing. This includes the Chairperson, a Deputy Chairperson and three other members. At least one of those other three members is required by law to be an expert in child protection.
There may also be up to three Patient Review Panel staff at the hearing. They are not decision makers and they do not participate in the hearing. They are there to take notes and help the Panel (or you) if needed.
Patient Review Panel hearings are all recorded and usually last between 30 minutes to 1 hour, depending on how complex the application is. Your Notice of Hearing will tell you how long the hearing will run for.
If there is more than one applicant, then the Panel may ask to speak to one or more of you alone at the hearing.
Applications 'on the papers'
Sometimes the Patient Review Panel might be able to make a decision without needing you to attend a hearing. This is called considering an application 'on the papers'.
Decisions about what applications can and cannot be considered on the papers are made on a case-by-case basis and by the Chairperson.
If the Chairperson decides that you do not need to attend the hearing, then you will be told this but you still have the right to attend if you want to and you will still receive a Notice of Hearing that lists the details of the hearing.
After the hearing, you will either be told what the decision was in writing within 14 days or Panel staff will contact you to tell you that the Patient Review Panel members have decided that they need to speak with you and would like you to attend a hearing via videoconference to discuss your application.
After the hearing
There are four potential outcomes from a Patient Review Panel hearing.
Approval
The Patient Review Panel has decided that there is no barrier to treatment and has approved sex selection.
Approval with Conditions
The Patient Review Panel has decided that there is no barrier to treatment and has approved sex selection but only if certain conditions are met/followed.
Refusal
The Patient Review Panel has decided that there is a barrier to treatment and has not approved sex selection.
Adjourned
The Patient Review Panel does not have enough information at this time to decide whether or not there is a barrier to treatment.
Where possible, the Patient Review Panel will tell you what the outcome of your hearing is either on the same day or the next day of the hearing.
If you attended the hearing in person then most of the time you will receive a phone call to tell you the outcome.
If the application was considered on the papers then most of the time you will receive an email to tell you the outcome.
Sometimes though, the Panel might need more time to make a decision or does not have enough information to make a decision.
If the Patient Review Panel has not made a decision within 1-2 days, then Panel staff will contact you via email to tell you and to explain what will happen next.
Certificate of decision
Once the Patient Review Panel has made a decision, you will receive a certificate within 14 days stating what the outcome is.
The certificate will be sent within 14 days of the date of the decision, not the date of the hearing.
A copy of the certificate will also be sent to your ART clinic.
The certificate will state whether or not sex selection has been approved and if there are any conditions, these will be clearly listed.
Written Reasons for Decision
The Patient Review Panel also provides applicants with a longer document called Written Reasons for Decision that explain the law and how the Panel made its decision.
This document can take some time to prepare so you may not receive it for several weeks, or even months, after the hearing. You do not require this document to proceed with treatment, however, nor are you required to provide a copy to your clinic. It is provided to you only for your own information and your ART clinic only needs a copy of the certificate to proceed with treatment.
Applications that are not approved
If the Patient Review Panel has decided that there is a barrier to treatment and does not approve sex selection then you can apply to the Victorian Civil and Administrative Tribunal (VCAT) for review of that decision.
You must apply to VCAT within 28 days of the date that the Panel made its decision.
For more information about how to apply for review, visit: VCAT – Review of a decision by the Patient Review Panel
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