Assisted reproduction after death

Where assisted reproduction after the death of one of the genetic parents requires the use of a surrogate, the deceased genetic parent is recognized as a legal parent of the child (provided the surrogate consents to a declaration in favour of the genetic parent). [...] Terms used in other legislation: FLA: birth mother spouse or partner of the person who provides human reproductive material or an embryo at the time of conception and who consented to parent a child born as a result of assisted reproduction AHRA: spouse or partner of the donor of reproductive material or embryo at the time of the donor’s death who has the consent to use the material or e [...] The United Nations Convention on the Rights of the Child provides:29 Article 7:1 The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents. [...] The ________ 32 While the total number of persons who have either a genetic link to the child or who consented to be parents may sometimes exceed two, the FLA limits the number of parents to two: FLA ss 8.2, 9. 33 The FLA prevents the surrogate’s spouse or partner from being a parent. [...] A person who was married to or in a conjugal relationship of interdependence of some permanence with a surrogate at the time of the child’s conception is not a parent of the child born as a result of the assisted reproduction.