I've been watching Janet King this season and one of the story lines involves a legal battle of the ownership of an Embryo after someone's death, with the dead person's same sex partner & her sister fighting over the Embryo.
Can anyone enlighten me as to if this could actually happen?
I've done IVF in both Tas and Vic and with all cycles we specified what would happen to any embryos in the event of death and separation, is this not the case in all states and with all clinics?
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08-04-2016 10:38 #1
ABCs Janet King & Embryo Legal Story line
08-04-2016 10:59 #2Senior Member
- Join Date
- Apr 2015
- Northern Beaches
Hi, their has been a case in Nsw where a wife wanted to take control of her dead husbands semen. She argued his body was hers on account of her being the executor. The out take was that you should have something in writing (eg a will) that talks about this if it matters
08-04-2016 11:36 #3
I guess I'm wondering if the ABC is dramatizing something that wouldn't happen with embryos.
I want to know if in other states you can store an embryo without stating what would happen in the death of a partner.
08-04-2016 12:20 #4Junior Member
- Join Date
- Jul 2010
In WA we did not have to specify what happened to the embryos in the event of death of a partner. Our clinic did strongly recommend changing our wills to cater for this scenario though (which we did).
08-04-2016 12:31 #5
I know at my old clinic my partner signed a form that said in the event of death or seperation i could still use the embryos
08-04-2016 14:14 #6
Our embryos are stored on Qld and we were never asked what would happen on the event of death.
However both DH and I have included provisions in our wills.
08-04-2016 14:19 #7
it's interesting to hear how other clinics do things differently with regard to this. I guess it will become more common for clinics to get patients to specify these things as the laws change
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