A VICTORIAN couple who lost a baby to SIDS five years ago has been denied access to IVF after a court found it would not be in the best interests of a child.

The Victorian Civil and Administrative Tribunal found the mother, known only as TRV, had a history of substantial concerns, including emotional abuse, medical and environmental neglect and exposure to family violence.

The disability pensioner plans to marry her partner of five years, a fulltime security guard known as TPW, in December. Between them they have 10 children, aged 15 to 36, from previous relationships.

The couple had hoped to conceive together again after their baby daughter died from SIDS at seven weeks old in 2010.

TRV will turn 46 in September, after which she will be ineligible for reproductive assistance.

Victorian law requires couples to prove they are fit to be parents before undergoing IVF.

Child protection officials had previously removed four children from TRV’s custody resulting in a “presumption against treatment”, prompting the matter to be referred to VCAT.

A VCAT panel of three, led by Judge Pamela Jenkins, found there was a history of substantial concerns in TRV’s life, including emotional abuse, medical and environmental neglect and exposure to family violence, and that she lacked insight into her children’s experiences.

“At this point in time there is a real risk of harm (physical, emotional, sexual and developmental wellbeing), to a child to be born and that overall, the welfare and interests of a child born to the couple may not be protected,” a psychologist’s report to the tribunal said.

Positive changes in her life, including her relationship with TPW and good intentions despite lack of insight, were taken into consideration by the panel but permission for IVF was denied.