Legalwise: Can Embryos be Property?
Monday March 28, 2022

Legalwise: Can Embryos be Property?

Monday, March 28, 2022

On 7 March 2022, Accredited Family Law Specialist and Page Provan Director Stephen Page presented for Legalwise, discussing whether or not embryos can be property and practical steps when parties may have embryos in storage.

Begin at the beginning

It’s rare that intended parents come to lawyers before they create embryos – but if they do, remember this piece of advice: do not rely on the IVF clinic’s forms as the basis of any future planning.

Provided you know what you are doing, and the issues for the clinics have been met (typically those matters they are required by their regulation to cover), there is nothing to stop you drafting the consents of the parties as to treatment, and in particular to the storage of gametes of embryos. Gametes are eggs and sperm. Of course, as our insurer keeps telling us, only do work for which you have expertise.

To access the rest of the presentation, download the paper here.

 

Disclaimer: Every effort is made to ensure the accuracy of the information provided in our publications. However, information should not be used or relied upon as a substitute for legal advice.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen
International Surrogacy Statistics: Australia Hits Record

International Surrogacy Births Hit a New Record

For every child born through surrogacy in Australia, around five children born overseas through surrogacy now apply for Australian citizenship by descent. That is the picture emerging from the latest figures discussed here. It is a striking comparison, even allowing for the fact that the domestic and international figures measure different things. In the year… Read More »International Surrogacy Births Hit a New Record

Surrogacy Law Reform Australia: What's Next After ALRC?

Surrogacy law reform: what’s next after the ALRC inquiry

The Australian Law Reform Commission’s surrogacy inquiry could be an important moment for Australian families. Its report has been delivered to the Commonwealth Attorney-General and is due to be tabled in federal parliament. The question is not simply what the report recommends. It is whether Australia’s nine governments will work together to turn those recommendations… Read More »Surrogacy law reform: what’s next after the ALRC inquiry

MRKH syndrome: how surrogacy can help you become a parent

MRKH syndrome: how surrogacy can help you become a parent

MRKH syndrome means being born without a uterus. It does not mean that parenthood is impossible. For women with Mayer-Rokitansky-Küster-Hauser syndrome, often shortened to MRKH, the journey to understanding their body can begin at a young age. Many discover in their early teenage years, commonly around 14 or 15, that they will not be able… Read More »MRKH syndrome: how surrogacy can help you become a parent

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board