In the matter of an Application by Adams (a pseudonym) (No 2) [2021] NSWSC 794

Supreme Court New South Wales

Medium Neutral Citation: In the matter of an Application by Adams (a pseudonym) (No 2) [2021] NSWSC 794 Hearing dates: 15 March 2021 Date of orders: 15 March 2021 Decision date: 30 June 2021 Jurisdiction: Common Law Before: Walton J Decision: On 15 March 2021, the Court made the following orders, by consent: (1) Pursuant to Order 4 of the Orders made by the Court on 14 August 2019, upon request by the Plaintiff, Genea Limited (ABN 82 002 844 448 "Genea'') is entitled to release to the Plaintiff, the human tissue sample being frozen sperm collected from the late Grant Nye [a pseudonym] on or about 15 August 2019 ("the tissue sample") and currently stored by Genea for the purpose of the Plaintiff transporting, or causing to transport by suitable means, the tissue sample to the Australian Capital Territory for the purposes of its use in accordance with the laws of the Australian Capital Territory. (2) Upon receipt of the sample from Genea, the Plaintiff is entitled to transport, or cause to be transported, the tissue sample by suitable means as soon as possible to the Australian Capital Territory for the purposes of its use in accordance with the laws of the Australian Capital Territory. (3) Direct that these Orders be taken out forthwith. (4) Direct that copies of these Orders may be served upon such persons and facilities as are necessary for the purposes of the safe transport of the tissue sample and any procedures to be undertaken by the Plaintiff in the Australian Capital Territory. Catchwords: CIVIL PROCEDURE – human tissue – application for orders permitting the transfer of gametes extracted from the deceased's body after his death to the ACT–consent for the removal of gametes – storage of gametes – posthumous use of gametes – Invitro-Fertilisation in ACT – construction of Human Tissue Act 1983 (NSW) – declaratory relief is discretionary – orders Legislation Cited: Assisted Reproductive Technology Act 2007 (NSW) Human Tissue Act 1983 (NSW) Cases Cited: Chapman v South Eastern Sydney Local Health District (2018) 98 NSWLR 208; [2018] NSWSC 1231 Cresswell v Attorney General (Qld) [2018] QSC 142 In the matter of an Application by Adams (a pseudonym) [2020] NSWSC 1670 In the matter of an Application by Vernon [2020] NSWSC 608 Noone v Genea [2020] NSWSC 118 Noone v Genea Limited [2020] NSWSC 1860 Re Edwards (2011) 81 NSWLR 198; [2011] NSWSC 478 Category: Principal judgment Parties: Kay Adams (Plaintiff) Attorney General of NSW (Defendant) Representation: Counsel: D E Baran (Plaintiff) J Davidson (Defendant)