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Consent required for divorced party’s use of embryo: court

Shantona Chaudhury speaks about the groundbreaking case on embryo use in The Lawyer’s Daily.


In a dispute over the use of an in vitro embryo with no genetic ties to either party, the Ontario Court of Appeal allowed the appeal of an ex-husband to withdraw consent of use from his ex-wife, who wished to have a second child.


The court determined that under the Assisted Human Reproduction Act and the Assisted Human Reproduction (Section 8 Consent) Regulations, divorced parties maintain their “donor couple” status and consent can be withdrawn.


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