36Posthumous use of gametes or embryos

36 Posthumous use of gametes or embryos (a) provides ART treatment to a person using a gamete; and (b) knows or reasonably ought to have known that the gamete provider is deceased.

(2) Subsection (1) does not apply if— (a) the gamete provider had consented to the use of the gamete in the circumstances and the person undergoing the treatment has, having been notified of the gamete provider’s death and date of death (if known), consented to the treatment in writing; or (b) the ART provider provides the treatment to the gamete provider’s domestic partner in accordance with a court order under section 37.