Legalwise: Can Embryos be Property?

Legalwise: Can Embryos be Property?

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.

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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