As long as we have a written contract, I can use someone else’s sperm or eggs even if they change their mind.

False.

The person can take back (withdraw) their consent. If they do, you will not be allowed to use the sperm or eggs.

However, to withdraw consent, the person must inform you in writing before a certain time. The deadline for withdrawing consent is different depending on whether:

  • the person is your spouse or common-law partner and you were going to make a baby together; or
  • the person is a donor.

Your spouse or common-law partner can withdraw consent up until you have used the reproductive materials for its intended purpose.

A donor can withdraw their consent up until the reproductive materials have been assigned for your use (for example, you ordered them from a clinic). If the donor withdraws their consent in writing before this time, you cannot use their reproductive materials. This is true even if you have a contract that says that you can.

Be Aware

Once you have created an in vitro embryo (outside the body), there are additional consent requirements that you must meet.

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