Clark Wilson LLP
December 1st, 2020
The BC Court of Appeal has confirmed that the removal and use of human reproductive materials (sperm, ova, and embryos) both during one’s life, and after one’s death, requires prior and informed written consent.
The recent decision of L.T. v D.T. Estate, 2020 BCCA 328 [“L.T. v D.T.”] is one of the few cases in Canada that deals directly with the use of reproductive material under the Assisted Human Reproduction Act, S.C. 2004, c. 2 [“AHRA”]and its Regulations.
The important takeaway from the case is the strict and unforgiving written consent requirements for the use of human reproductive material. This is particularly vital for those who seek reproductive technology in order to conceive a child.
If you have sperm, ova, or embryos stored at a fertility clinic, you must ensure you have considered how and when that material may be used, both during your life or after your death, and that the properly worded consent forms are signed.
