Assisted Reproductive Technology Act 2024

The domestic partner of a deceased gamete provider may apply to the Supreme Court for an order to authorise the following in relation to the gamete provider’s gametes:

use of the gametes in the provision of ART treatment to the partner;

storage of the gametes for the authorised use.

In deciding whether to authorise the use or storage of a deceased gamete provider’s gametes, the court must consider the following:

whether the domestic partner has capacity to consent to the provision of the treatment;

whether the domestic partner has undergone appropriate counselling;

the best interests of any children to be born as a result of the treatment, including—

whether the domestic partner has capacity to provide for the child’s emotional, intellectual and other needs; and

whether the child is likely to have safe and stable living arrangements;

whether the gamete provider expressly objected to posthumous use of their gametes;

whether the gamete provider is likely to have supported posthumous use of their gametes in the provision of ART treatment to their domestic partner;

any other matter the court considers appropriate.