Retrieval and use of sperm or eggs from deceased or unresponsive people

Retrieval

Under the Assisted Reproductive Technology Act 2024 (ART Act), a medical practitioner may retrieve sperm or eggs from a person who has died or is unresponsive, for use in an ART procedure for their spouse.

This can only occur if there is evidence:

the person had previously consented, or
they had not objected and are likely to have supported the use of their sperm or eggs for their spouse.

Sperm or eggs retrieved in these circumstances are not considered to be donor sperm or eggs at the time they are retrieved.

For further information see:

Posthumous use

Under the ART Act and Assisted Reproductive Technology Regulation 2026, a spouse cannot automatically use the sperm or eggs retrieved from a person who has died or is unresponsive. An independent review body must first approve the use.

The review body must:

be set up by or for an ART provider
be independent of the spouse wanting to use the sperm or eggs
be independent of the ART provider’s clinical team
include members with relevant expertise (such as ethics, mental health, law and child welfare).

The review body considers whether the spouse can give informed consent, has received appropriate counselling and whether the wellbeing of any child born as a result would be supported.

Any requests for review of an independent review body’s decision need to be directed to the ART provider. Queensland Health does not have the authority to consider the decisions of the review body.

The sperm or eggs may be stored while this decision is being made.