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Family law: There is a time limit on consent in certain respects

It has been said that a rose is a rose is a rose. The same does not apply when it comes to providing consent with respect to certain issues under family law in British Columbia as in the rest of the country. A recent case saw a family court judge deny a woman the use of an embryo after her former husband withdrew his consent. The embryo was created and frozen while the couple was still married.

The couple decided to use in vitro fertilization to try to start a family while they were married. The embryos were created using the DNA of donors and not the couple. One of those embryos resulted in a child born during the couple's marriage. The couple separated shortly after the child's birth. The woman decided she would like to use the other embryo to give birth to a second child, but her former husband disagreed.

A family court initially ruled in favour of the woman, but an appellate court judge overturned that decision, using the Assisted Human Reproduction Act for her decision. The act speaks about consent. The judge said there is a societal belief that the consensual use of reproductive material carries fundamental notions of morality.

Rules pertaining to family law issues are always evolving and changing. It may be difficult for many British Columbia residents affected by these rules to keep up with them. When in doubt about laws that govern families, it makes much sense to turn to a lawyer for clarification. A lawyer may be able to provide guidance on how to best tackle family law issues, such as those like the case here. 

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