Noone v Genea Limited [2020] NSWSC 1860 (on Caselaw) saw the Court called upon to make declarations as to a woman’s entitlement to possession of the reproductive tissue sample collected from her late husband.
The applicant and her husband had started an IVF process before his death but the reproductive tissue was removed after his death, pursuant to an order by the duty judge. The deceased had previously consented in writing to “the use of the embryos by the remaining Intended Parent/s if I die or otherwise become unable to vary this consent”.
The Court ordered that upon request by the plaintiff, Genea is entitled to release to the plaintiff the tissue sample for the purpose of the plaintiff transporting, or causing to transport by suitable means, the tissue sample to the Australian Capital Territory for the purposes of its use in accordance with the laws of the Australian Capital Territory.