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→Assisted reproduction after death
When people try to have a child through assisted reproduction, including through in vitro fertilization when no one other than the intended parents are involved, 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. Sometimes, however, someone who has donated sperm or eggs dies before the child is conceived.
Section 28 of the ''[[Family Law Act]]'' says what happens if a donor dies before the child is conceived. As long as there is proof that the donor consented to the use of their sperm or eggs to conceive a child, consented to being a parent of a child conceived after their death, and did not withdraw their consent before they died, the parents of a child conceived with the genetic material or embryo are the deceased donor and the donor's married spouse or the person who lived in a marriage-like relationship with the donor.
Section 29 says that if an intended parent dies, they will still be a parent of the child as long as the child was conceived before their death.