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Difference between revisions of "Having Children with Assisted Reproduction"
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Having Children with Assisted Reproduction (view source)
Revision as of 19:19, 22 July 2019
, 19:19, 22 July 2019→Assisted reproduction after death
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People who aim to have children by assisted reproduction ― including through ''in vitro'' fertilization when no one other than the intended parents are involved ― often freeze eggs, sperm, and embryos for future use. This is especially common where multiple attempts may be necessary to have a successful pregnancy. It sometimes happens that one of the people who provide the genetic <span class="noglossary">material</span> dies before a child is conceived. | People who aim to have children by assisted reproduction ― including through ''in vitro'' fertilization when no one other than the intended parents are involved ― often freeze eggs, sperm, and embryos for future use. This is especially common where multiple attempts may be necessary to have a successful pregnancy. It sometimes happens that one of the people who provide the genetic <span class="noglossary">material</span> dies before a child is conceived. | ||
Section 28 of the ''Family Law Act'' says | Section 28 of the ''Family Law Act'' says what happens if the donor dies before the child is conceived and there is proof that the donor: | ||
*consented to the use of the genetic <span class="noglossary">material</span> or embryo by their married or unmarried spouse, | *consented to the use of the genetic <span class="noglossary">material</span> or embryo by their married or unmarried spouse, | ||
*consented to being the parent of a child conceived after their death, and | *consented to being the parent of a child conceived after their death, and | ||
*did not withdraw their consent before death | *did not withdraw their consent before death. | ||
the parents of a child conceived with the genetic material or embryo are the deceased donor and the donor's married or unmarried spouse. | In that case, the parents of a child conceived with the genetic material or embryo are the deceased donor and the donor's married or unmarried spouse. | ||
====What happens if the intended parent dies?==== | ====What happens if the intended parent dies?==== | ||
Sometimes circumstances can play out in unexpected ways. For instance, an intended parent designated under a surrogacy agreement may die before the child is born. As long as the child has been conceived, section 29 of the ''Family Law Act'' says that the intended parent will still be the parent in the eyes of the law, provided that: | Sometimes circumstances can play out in unexpected ways. For instance, an intended parent designated under a surrogacy agreement may die before the child is born. As long as the child has been conceived, section 29 of the ''Family Law Act'' says that the intended parent will still be the parent in the eyes of the law, provided that: | ||
* the surrogate mother gives her written consent to surrender the child to the executor or other person acting in the place of the deceased intended parents, and | *the surrogate mother gives her written consent to surrender the child to the executor or other person acting in the place of the deceased intended parents, and | ||
*the executor or other person takes the child into their care. | *the executor or other person takes the child into their care. | ||