Life after death


Megan Connolly over at the Toronto Estates & Trusts Monitor wrote an article a few weeks ago on post-mortem assisted human reproduction. I have been thinking on this topic since early fall, when I heard Clare Burns speak at an OBA seminar on whether genetic material can be considered property for the purpose of passing through a will. As Megan notes, the Canadian Assisted Human Reproduction Act, in force since 2004, requires informed consent before death in order for genetic material to be harvested after death. Something further to consider, which Clare noted in her presentation, is that if you have harvested genetic material for use later in life because of medical treatments, such as radiation or chemotherapy, you should be very clear, in writing, about whether that material is to be used in the event of your death. If there is any chance that you may want to attempt to conceive even after the death of one partner, you should think about it now and make sure that there is no doubt about your intentions.