Plan allows use of dead man's sperm
WA women will be able to use the sperm of a dead partner legally to get pregnant under proposed WA laws.
But the State Government's proposed policy would require donors to give prior permission for their sperm to be used after death.
The policy would be broadly in line with those in Victoria and NSW but a departure from WA's position, which prohibits the use of human gametes - sperm and eggs - collected after death.
Posthumous collection of sperm is not banned under the State's Human Reproductive Technology Act and has occurred multiple times in WA but fertility clinics cannot legally help a woman conceive with it.
Details of the policy and changes to the Act are still being fleshed out but Health Minister Kim Hames confirmed the work had started.
He said the draft supported his position that the posthumous collection and use of gametes should only be with the donor's permission.
As shadow health minister in 2008, Dr Hames supported a Perth man dying of skin cancer who wanted his girlfriend to be allowed to use his sperm posthumously.
The Government's proposed policy is contrary to the WA Reproductive Technology Council's position paper tabled last week.
In it the RTC supported laws to prohibit both the posthumous collection and use of sperm. Only in "exceptional circumstances", it said, should posthumous use of sperm already harvested be allowed.
Perth fertility specialist Vince Chapple, who has been involved in posthumous sperm collection, welcomed the minister's "more pragmatic" approach.
Perth lawyer Abigail Rogers, who has represented women seeking to collect sperm posthumously, said there was no reason WA should not allow harvested sperm for conception.
"Obviously there needs to be stringent guidelines but with appropriate counselling and the passing of time, women should have the ability to make the decision themselves," she said.
She said it would be a welcome change if the Government allowed posthumous sperm to be used in WA.
Ms Rogers is representing a Perth woman seeking RTC permission to export sperm to another State to conceive.
