In a recent landmark decision, Re Cresswell  QSC 142, the Queensland Supreme Court granted permission for the use of sperm harvested from the applicant’s deceased partner 48 hours after his death, to start a family. This is the first case in Queensland approving the removal of sperm from a deceased who had neither been married to the applicant nor expressly consented to the proposed use.
The court held that use of the sperm for assisted reproductive treatment (IVF) was a “medicinal purpose” or “therapeutic purpose” under the Transportation and Anatomy Act 1979 (Qld). Its removal was accordingly permitted under section 22 as the deceased’s parents had consented as senior next of kin. The applicant’s resulting prima facie possessory rights were recognised as property rights in the court’s discretionary jurisdiction.
The decision has potentially far reaching societal and legal implications, including in family law and succession law. Join and engage with a panel of a Queen’s Counsel, fertility law practitioner and academic specialising in health law, as they review the decision, legislative framework on which it was based, and implications.
On-demand | 1.5 CPD points | 2018/2019 CPD year | Film date: 21 August 2018 | Video available: 4 September 2018
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