We Were a Couple & We Created Embryos But We’ve Split Up?

We Were a Couple & We Created Embryos But We’ve Split Up?

In this video, Accredited Family Law Specialist and Page Provan Director Stephen Page explains what happens when a couple created some embryos but has since split up.

Transcript

G’day Stephen Page from Page Provan and Family and Fertility lawyers. One of the things that comes across my desk from time to time and it’s really ugly, or can be ugly is, we were a couple and we created some embryos and we split up. I want to be able to use the embryos, but my ex won’t allow me to.

This is really complex. The law hasn’t kept up. What I certainly encourage, and I’ve seen cases where you think there’d never be agreement, but there’s agreement about who can use. That there is a means of resolving it, and in the current uncertain legal environment, because the law, as I said, hasn’t kept up in this area, typically I will have my clients or my clients will enter into a contract with their ex about the use, and that contract will then be provided to the clinic to say, we can use.

That’s where I’ve got to, I’ve got an outstanding case in the Family Court or the Federal Circuit and Family Court of Australia that hopefully will determine this and assist others. But it’s been pending a while, the judge is still thinking about it. So on my website, Page Provan, you will see a paper I did recently about this, and I could put this all in the video, but I just think it’s far, far too long.

The paper is full of jargon, I try and keep jargon out of it, but it just shows you the legal process. The point is, these disputes are capable of being resolved. I have resolved them for clients. I’ve had to deal with IVF clinics so that there is a process for IVF clinics that says, “Here’s how to do it”.

Go and have a look at my paper, which I recently presented at the Fertility Society of Australia and New Zealand conference, and if you’re thinking about becoming parents through surrogacy, please get a copy of my book, When Not If: Surrogacy for Australians, you’ll find it on my website, stephenpage.com.au and also the Page Provan website.

It talks about when I started in this field way back in 1988. So it’s my professional journey, and it’s also my personal journey through infertility and surrogacy, and also absolutely filled to the brim with information about surrogacy. By all means, have a look. It’ll be a great guide, it’ll help separate the wheat from the chaff. It’s not the same as getting specific advice from me, of course, but it’ll help guide and help you make informed decisions. Good luck.

Thank you.

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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