An unexpected consequence of the increase in the use of fertility treatment is that emergency department and intensive care doctors are receiving requests from wives (actual or de facto) of dying or recently deceased men for sperm removal.

Legislation in all states and territories regulates removal of sperm from a dying man and, provided that lawful consent is obtained, a doctor can harvest sperm.

In several states, including Victoria, harvested sperm cannot be used in a fertilisation procedure without the man’s consent, and debate surrounds the issue of consent and how it can be proved.

Recent Victorian Law Reform Commission recommendations attempt to streamline the law to make a man’s consent the cornerstone of decision making for both harvesting and subsequent use of sperm.