There are many considerations to keep in mind when contemplating whether or not fertility treatments are the right choice for you and your partner.  And one of them is how to legally protect your rights to frozen embryos, ova and/or sperm.

For instance, a recent Australian Supreme Court case involving the legality of a fertility treatment has been making headlines.  Jocelyn Edwards’ husband Mark died while the two were in the process of going forward with IVF treatments.  Despite the tragedy, Jocelyn, 40, wished to go forward with the procedure and had doctors remove sperm from Mark’s body after his death (which is a controversy unto itself that goes beyond the scope of this post.)

Unfortunately, courts have thus far nixed her request because the country’s law necessitates her having the sperm donor’s written consent before she can go forward with fertility treatments.  (Ironically, the consent forms were scheduled to be signed but Mark died before that occurred.)

So what does this case from halfway around the world have to do with you?  Perhaps nothing… and perhaps everything.

Basically, it illustrates how important it is for anyone considering fertility treatments to take the time to get to know laws and rights surrounding assisted reproductive technique (ART) procedures, especially when frozen embryos, sperm, eggs, etc., are involved.

At RSI, we have the expertise to counsel our patients on such matters so legal problems like the one discussed above have less of a chance of occurring.  And we always support couples contacting their attorneys (or an attorney who specializes in this arena) for law-related advice.

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