Over the past couple of weeks, much ink has been spilled over the recent Ontario Superior Court decision, SH v DH (see BioNews 961). It is precedent-setting in Ontario and across Canada, being the first published decision determining who may use frozen embryos upon the dissolution of a marriage.
The Ontario court last month awarded the former couple’s frozen embryo to the wife, DH, who wants to use it to become pregnant. This ruling was reached by regarding the embryo – which is not genetically related to either spouse – as ‘property’. While I agree in principle with the result and would like to see DH use the embryo for reasons set out later, based on my interpretation of the Section 8 (Consent) Regulations to the Assisted Human Reproduction Act, I believe the decision may be incorrect.