37Authorisation of posthumous use

37 Authorisation of posthumous use (1) The domestic partner of a deceased gamete provider may apply to the Supreme Court for an order to authorise the following in relation to the gamete provider’s gametes: (a) use of the gametes in the provision of ART treatment to the partner; (b) storage of the gametes for the authorised use. (2) In deciding whether to authorise the use or storage of a deceased gamete provider’s gametes, the court must consider the following: (a) whether the domestic partner has capacity to consent to the provision of the treatment; (b) whether the domestic partner has undergone appropriate counselling; (c) the best interests of any children to be born as a result of the treatment, including— (i) whether the domestic partner has capacity to provide for the child’s emotional, intellectual and other needs; and (ii) whether the child is likely to have safe and stable living arrangements;

(d) whether the gamete provider expressly objected to posthumous use of their gametes; (e) whether the gamete provider is likely to have supported posthumous use of their gametes in the provision of ART treatment to their domestic partner; (f) any other matter the court considers appropriate.