Posthumous Use of Gametes and Embryos
Accredited Family Law Specialist and Page Provan Director Stephen Page presented a paper at the Fertility Society of Australia and New Zealand Conference on the posthumous use of gametes and embryos.
Posthumous use falls into one of two categories:
- Retrieval
- Use
A dear American colleague 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 widow quicker, simpler and cheaper.
Conversely, retrieving sperm posthumously can lead to difficulties, which a lawyer seeks to clean up in the most trying of circumstances.
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