When people try to have a child through in vitro fertilization, the laboratory will commonly store a lot more sperm, eggs and sometimes zygotes than are needed right away. This is especially common where multiple attempts may be needed to have a successful pregnancy. Whether it is expected or not, sometimes a donor of eggs or sperms or someone who intends on having a child dies before the child is conceived.

====What happens if the a donor dies?====

People who aim to have children by assisted reproduction ― including through Section 28 of the ''in vitroFamily Law Act'' fertilization when no one other than the intended parents are involved ― often freeze eggs, sperm, and embryos for future use. This is especially common where multiple attempts may be necessary to have says what happens if a successful pregnancy. It sometimes happens that one of the people who provide the genetic <span class="noglossary">material</span> donor dies before a the child is conceived.When there is proof that the donor:

Section 28 #agreed to the use of their genetic <span class="noglossary">material</span> by their married or unmarried spouse,#agreed to be the ''Family Law Act'' says what happens if the donor dies before the parent of a child is conceived after their death, and there is proof that the donor:#did not withdraw their consent before death,

*consented to the use parents of a child conceived with the genetic <span class="noglossary">material</span> donated sperm or embryo by their eggs are the donor who has died and the donor's married or unmarried spouse,*consented to being the parent of a child conceived after their death, and*did not withdraw their consent before death.

====What happens if the intended parent dies?====Sometimes circumstances can play out in unexpected ways. For instance, an intended parent, or intended parents, designated under a surrogacy agreement may die before the child is born. As long as the a child has been was conceivedbefore an intended parent dies, section 29 of the ''Family Law Act'' says that the intended parent (or intended parents) will still be the parent (or parents) in the eyes of the lawchild, provided thatas long as:*the #any surrogate mother gives gave her written consent to surrender the child to the executor or other another person acting in the place of the deceased intended parent or intended parents; and, and*#the executor, or other person acting in the place of the intended parent's or intended parents' place, takes the child into their care.