Introduction

Technology now allows cryopreservation of sperm, ova and embryos, which can be used to conceive a child after the donor’s death. However, Canadian legislation requires the prior written consent of the donor in order to posthumously use his/her genetic material. Thus, in the context of estate planning, it is appropriate to inquire whether the testator or potential beneficiaries have banked genetic material and, if so, how children born through the use of such material are to be treated in one’s estate plan.

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