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.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.
- The treatment procedure can only be carried out on a deceased person’s partner. In the case of a deceased woman, a male partner may be able to use her eggs or an embryo formed using her eggs, in the context of a surrogacy arrangement.
- The deceased person 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.
- The Patient Review Panel must approve the use of the gametes or embryo.
- The person undergoing the treatment procedure must receive counselling.
When the Patient Review Panel is considering an application for posthumous use, the possible impact on the child to be born as a result of this treatment procedure is a main consideration. The panel also considers available research on the outcomes for children conceived after the death of one of their parents.