What If My Partner Dies?
If your partner dies, you may use their gametes (eggs or sperm) or an embryo formed from their gametes under particular circumstances. This is referred to as posthumous use. Posthumous use of gametes may be considered by people storing eggs or sperm prior to medical treatment or those currently undergoing ART treatment with their partner.
There are a number of requirements that must be met under Victorian legislation before a person can use their partner’s gametes or an embryo formed from their gametes after their partner's death. These requirements are as follows:
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The treatment procedure can only be carried out on a deceased person’s partner. In the case that the woman dies, her male partner may be able to use her eggs or an embryo formed using her eggs, in the context of a surrogacy arrangement;
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Your partner must have provided written consent for their gametes or an embryo formed from their gametes to be used in a treatment procedure after their death;
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The person undergoing the treatment procedure must receive counselling.
When the Patient Review Panel is considering an application for posthumous use, they must consider the possible impact on the child to be born as a result of this treatment procedure. The Panel must also consider available research on outcomes for children conceived after the death of one of their parents.
Further details on how to apply to the Patient Review Panel for posthumous use of gametes or embryos can be found on the Patient Review Panel website.
