Court dismisses IVF discrimination suit against government

The federal government did not discriminate against a desperate and distressed Canberra couple when it denied them early access to super to pay for an overseas IVF treatment, a court has found.

The woman applied for release of her superannuation while struggling to overcome IVF failures in late 2010, describing her infertility as "the most devastating thing [she has] ever been faced with".

She suffered from Turner syndrome, a genetic disorder causing underdeveloped ovaries and preventing the production of ova.

Unable to find a voluntary IVF donor, she had travelled to the United States in 2009 so she could legally pay for eggs as part of an expensive IVF treatment.

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The entire trip cost $200,000 but the IVF failed, prompting the couple to go to a local fertility specialist in Canberra as they prepared for a second cycle in the US.

Lacking money, the doctor suggested the couple try to get early access to their superannuation to pay for the next trip.

The woman applied to theAustralian Prudential Regulatory Authority, asking for access to her super fund on compassionate grounds.

She said she was suffering chronic depression caused by her infertility, and that the IVF treatment would alleviate it.

The fertility specialist even took the unusual step of writing a letter in support of the couple's bid.

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Court dismisses IVF discrimination suit against government