The applicants sought a declaration that their deceased son's written consent for his cryopreserved sperm complied with the Assisted Human Reproduction Act and its regulations, and an order for its release to create an embryo.
The court dismissed the application, finding that the Act prohibits the use of human reproductive material for embryo creation without specific written consent for third-party use, and that posthumous donation is limited to a spouse or common-law partner.
The court also found that distributing the sperm in Canada for use outside Canada would still breach the Act due to distribution prohibitions and lack of required testing.
