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The Court dismissed an appeal seeking posthumous use of a deceased donor’s reproductive material, holding that the AHRA requires prior informed written consent.
The court held that posthumous use of a deceased donor’s reproductive material required written informed consent under the AHRA, and dismissed the petition.
Appellant may withdraw his prior written consent: the parties remain the embryo's donor under Consent Regulations s.10(1)(b) because neither contributed genetic material, s.14(3) allows either member of a donor couple to withdraw consent, s.1(2) does not remove that right as it applies only at the time of creation, and private contracts cannot nullify the statutory/criminal consent protections in the AHRA; therefore the appeal is allowed and the motion judge's order is set aside.
Source excerpt
The court held that 13 sperm straws purchased by the former partners were property and ordered them divided 7 to the claimant and 6 to the respondent.
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