No, They’re Mine: Who Owns the Embryos?

No, They’re Mine: Who Owns the Embryos?

On 31 July 2022, Accredited Family Law Specialist and Page Provan Director Stephen Page presented a paper at the Fertility Society of Australia and New Zealand Conference about the ownership and use of embryos when a couple decides to break up.

The status of a human embryo in Australian law is unclear. Clearly, it is a physical object that is capable of being possessed and is possessed by someone who can make decisions about how to use it and, in particular, whether to, before it exists – to create it, then after it exists to store, use, transport, discard or donate it.

A continuing issue for couples whose relationship has broken down is who gets to decide the use of embryos.

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

How Are Debts Divided in Divorce? Australian Property Settlement Explained

When people separate, one of the most common questions is also one of the most misunderstood: what happens to the debts? Many people assume there must be a simple rule. Half each. Joint debts are shared. Personal debts stay personal. In Australian family law, it is not that straightforward. In a property settlement, debts are… Read More »How Are Debts Divided in Divorce? Australian Property Settlement Explained

Hague Surrogacy Convention Paused After 15 Years — What Went Wrong

After 15 years of work, the Hague Conference on Private International Law has paused its long-running project to create an international convention dealing with surrogacy and legal parentage. That is a significant development for anyone involved in cross-border surrogacy, assisted reproductive treatment, and international family law. The pause matters because international surrogacy does not stop… Read More »Hague Surrogacy Convention Paused After 15 Years — What Went Wrong

One Sperm Donor, 550 Children: Why Australia Needs Urgent Regulation

Private sperm donation is often marketed as simple, accessible and modern. In reality, it can create legal, ethical and deeply human problems on a staggering scale. Two recent overseas stories show exactly what can happen when sperm donation is left largely unchecked. In one case, a mother believed her child was the only child conceived… Read More »One Sperm Donor, 550 Children: Why Australia Needs Urgent Regulation

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