The Australian High Court recently handed down judgment in Masson v Parsons & Ors, where a sperm donor was found to be a child’s legal father.
In the United States, a New York court rules on sperm donation by deceased persons.
The Washington Post reports that, after Peter Zhu lost his life in a skiing accident, his parents were given permission to use his frozen sperm.
The ruling, his parents said, gives them the “chance of fulfilling Peter’s wishes and preserving his incredible legacy”.
Whilst pleasing for his parents, experts have questioned the legal and bioethical implications of the decision. It prompts challenging questions like:
- What were the deceased’s wishes?
- Who will be responsible for the deceased’s offspring?
- What about the offspring’s best interests?
- Can I ensure my loved ones can access my sperm if I die?
Since 2016, there have been several similar cases in Australia. In those cases, however, applicants were seeking sperm from their late partners.
If you want to make a Will, Power of Attorney or Appointment of Guardian, or have an enquiry about a Family Law or Estate matter, Martin Bullock Lawyers can help. Please contact Greg Martin or Jacqueline Wainwright on (02) 9687 9322.