Late last year, the South Australian Supreme Court revisited posthumous reproduction issues in the matter known as Re H, AE (No 3) [2013] SASC 196.

The applicant sought a declaration that she was entitled to the possession and use of the spermatozoa of her late husband, extracted shortly after his death pursuant to an earlier order of the Court, for the purpose of in vitro fertilisation.

The IVF procedure could not be carried out in South Australia. The applicant ascertained that IVF could be undertaken in the Australian Capital Territory, subject to her provision of material that provided a prima facie case that the applicant and the deceased were planning a family together.

The court granted the applicant use of the spermatozoa under the control and supervision of the Genea Clinic (ACT) in a treatment procedure using the spermatozoa to produce an embryo or embryos to be implanted in the applicant.