How Important Is It To Have A Will When Having Fertility Treatment?

Having a discussion around what to do with your embryos, eggs and/or sperm should something happen to you or your partner is often a conversation many people avoid. That is understandable because it is not at the forefront of people’s minds when they are healthy, young, and full of life.

However, the sad truth is that young people can die suddenly, and having a will in place during fertility treatment or at the time when eggs, sperm and/or embryos are cryopreserved can make things much easier for those left behind. We request that you  set up a will to dictate what should happen to the stored eggs, sperm and/or embryos should anything happen to one or both partners.

Cryopreserved (frozen) Eggs, Semen and Embryos

If you have stored your semen, eggs and/or embryos for use at a later stage, then it is imperative that you have a will created or amended as soon as you have eggs, semen and/or embryos cryopreserved; or even better, once you know that cryopreservation is going to occur.

All Fertility Solutions and Affordable IVF consents ask the patient (and sometimes their partners), to direct what the outcome should be if they have gametes (ova or semen) or embryos stored at Fertility Solutions.

Wording Of The Will

From time to time the clinic is contacted by a patients’ legal representatives asking what should be considered when a patient wants to incorporate any or all of the above in a Will.  The following wording can be considered to include in a Last Will and Testament:

I/ We hereby declare that I/ We have fully discussed with my wife / husband / partner << Insert full name>> this clause before I signed this Will.  I wish to record, as a result of those discussions, the following:

  1. That I/ we have discussed the possibility of having a child and/or children with my wife / husband / partner and it was our wishes to one day have a child or children.
  2. If at the date of my death, there is frozen semen / eggs / fertilised eggs (embryos) frozen with Fertility Solutions for my wife / husband / partner and I, then I direct that it is my wish that all decisions concerning the semen / eggs / embryos are to be made solely by my wife  /  husband  / partner with my full consent and agreement.
  3. For the avoidance of any doubt I wish to record my full consent and approval to all / any of the above courses of action and further I ask and request any doctor consulted on the above immediately accede to any request on these matters.

DISCLAIMER: The above does not take the place of obtaining legal representation and advice when constructing or amending your Will. Fertility Solutions and Affordable IVF advises that you seek professional assistance with this matter.

The importance of a will for couples undergoing fertility treatment, cannot be stressed strongly enough.  We understand this is often a subject that people do not want to talk about, but this is a conversation that must happen when there are plans to store eggs, semen and/or embryos.  If you don’t do it now– it could be too late.