Can I Will away my embryo(s)?
Embryos, being fertilised eggs, differ significantly from mere sperm or eggs where ownership is clear. The management of embryos in certain circumstances (such as death) are determined beforehand, ensuring mutual consent from the parties involved rather than a Will. Typically, the assisted reproduction service providers (e.g. fertility clinics) require couples to sign a consent form or agreement. These usually outline what should happen to any remaining embryos under various circumstances, including divorce or the death of one or both partners.
An example of such consent can be found in page 2 & 4 of the following form from Singapore's KK Women's and Children's Hospital which describes some of the scenarios and the possible options.
The management and use of the frozen embryos is subject to the agreements with the assisted reproduction service provider, as well as government regulations.
You can find some of the relevant regulations below should you be keen to find out more:
Healthcare Services (Assisted Reproduction Service) Regulations 2023
- (Section 9) Licensee must be certified
- (Section 37) When donor reproductive cells or embryos may be used
- (Section 53) Transfer of reproductive cells and embryos to and from other licensees, etc.
Status of Children (Assisted Reproduction Technology) Act 2013
- (Section 6) Gestational mother treated as mother
- (Section 7) Husband treated as father