More and more individuals are looking for assisted reproductive techniques. The question for Will and Estate lawyers is what advice to give and how does this impact a will. The law on this touchy subject is the Assisted Human Reproduction Act , “AHRA” which replaces common law/property law across the country. One can only use reproductive material in accordance with the AHRA. You cannot simply gift in one’s Will your reproductive material. This should have been canvassed with the clinic in which the sperm or embryos were stored for later use. The question from a Wills and Probate lawyers perspective is what happens with this reproductive material after death. It can only be used by the donor’s spouse or common law partner for their own reproductive purposes. Aside from research purposes no one else can use this material, not even the donor’s family. This is a highly complex area. There are also consent aspects under the AHRA. However, one should make a notation of the existence of such reproductive materials in the willmaker’s Will otherwise there is a very good chance that your executor will not even know that they exist. The Estate Lawyers at Dale Streiman Law LLP can assist with this issue.
FREEZING MY EGGS AND SPERM
