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.

Things to Read, Watch & Listen

Forced Marriage

On November 1st 2023, Accredited Family Law Specialist and Page Provan Director Stephen Page presented a paper at the Brisbane Zonta Club about forced marriage. I acknowledge the Jagera and Turrbal peoples, on whose lands we meet today, their elders, past, present and emerging. Ruqia Hidari was aged 21 and living in Victoria, when, according to police,… Read More »Forced Marriage

ACT Government Surrogacy Bill

The ACT Government has today introduced a bill to amend the ACT’s surrogacy laws. The proposed changes are more incremental than fundamental. They include allowing a single person to undertake surrogacy, for the surrogate to be single if needed, a requirement for legal advice and counselling beforehand, a written agreement being required, that traditional surrogacy is… Read More »ACT Government Surrogacy Bill

Planning to resolve: ADR in ART

ADR can help resolve disputes in ART cases. ADR is not limited to mediation and arbitration. Other types of informal dispute resolution can resolve disputes. When assisted reproductive treatment cases go off the rails, they can have the next level of bitterness and volatility. There can be a keen sense of betrayal when things don’t… Read More »Planning to resolve: ADR in ART

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