Never Try to Stare Down a Grieving Widow: Posthumous Use of Gametes and Embryos in Australia

Never Try to Stare Down a Grieving Widow: Posthumous Use of Gametes and Embryos in Australia

Posthumous use falls into one of two categories –

  • Retrieval
  • Use

A dear American colleague2 has suggested that surrogacy lawyers have one of three roles:

  • An architect- who plans the whole journey.
  • A pilot- when the intended parents know where they want to go- and want to get there fast.
  • A cleaner- cleaning up other people’s messes.

These comments are apt about the role of a lawyer in posthumous cases, too. If it appears that death is on the horizon, engaging a lawyer early can make the posthumous use process for the grieving widow3 quicker, simpler and cheaper.

Conversely, trying to retrieve sperm posthumously can lead to difficulties, which a lawyer is sought to clean up in the most trying of circumstances.

I am going to be discussing posthumous use in Australia – a country of 27 million, but with eight systems of law on this point.

Read the Paper here.

2Richard Vaughn.

3I say widow. While posthumous retrieval from women occurs, it is rare. Posthumous retrieval from men is much more common.

Things to Read, Watch & Listen

What You Need to Know About Adoption in Australia

In this video, Award-Winning surrogacy lawyer and Accredited Family Law Specialist, Stephen Page reveals the key things that you need to know regarding adoption in Australia.

Same Sex Couples & Adoption in Australia

In this video, Award-Winning surrogacy lawyer and Accredited Family Law Specialist, Stephen Page covers the essential legal steps for same-sex couples adopting in Australia.

The Pope’s cruel take on surrogacy

“I’m beautiful in my way ’cause God makes no mistakes I’m on the right track, baby, I was born this way” Lady Gaga I am outraged at the steps by the Pope’s call to stop surrogacy and be critical of LGBTQIA+ people.  It is no surprise, but it still saddens me. On Monday 8 April… Read More »The Pope’s cruel take on surrogacy

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