ACT Supreme Court

Case Title:

Re an application under the Assisted Reproductive Technology Act 2024

Citation:

[2025] ACTSC 549

Hearing Date:

16 December 2025

Decision Date:

16 December 2025

Before:

McCallum CJ

Decision:

1. Grant to the applicant authority for Genea, a   registered Assisted Reproductive Technology provider, to store the gametes of   her deceased partner, [redacted], for the authorised use of the gametes in   accordance with s 37(1)(b) of the Assisted Reproductive Technology   Act 2024 (ACT).
2. Grant liberty to the applicant to have the   proceedings relisted before a judge of the Court on short notice.
3. Stand the proceedings over to 9:45am 22 May   2026 before the Registrar.

Catchwords:

CIVIL LAW – HUMAN TISSUE – where sperm removed from deceased person posthumously – application by domestic partner of deceased for authority to store gametes to preserve possibility of later in vitro fertilisation – where applicant has not yet decided whether she will apply to use the sperm – whether the Assisted Reproductive Technology Act confers power to authorise storage of gametes prior to any application for authority to use gametes

Legislation Cited:

Assisted Reproductive Technology Act 2024 (ACT) ss 7, 37

Human Tissue Act 1983 (NSW) s 23

Cases Cited:

Chapman v South Eastern Sydney Local Health District [2018] NSWSC 1231

Parties:

[redacted] ( Applicant)

Representation:

Counsel

E James w/ H Atkinson ( Applicant)

Solicitors

Farrar Gesini Dunn ( Applicant)

File Number:

SC 499 of 2025