Egg Freezing & Wills: Why Estate Planning Must Evolve

1^st September, 2025

In recent years, the use of reproductive technologies like egg freezing has surged in Australia. Modern medicine offers new ways to increase and preserve fertility. However, with these advancements come new legal and ethical questions – particularly in relation to Wills and Estate Planning.

Egg freezing, also known as cryopreservation, allows people to store their unfertilised eggs for use at a later stage. This gives greater flexibility for those who are not yet ready to start a family, or who face medical treatment that might affect their fertility. Consequently, this process is becoming increasingly common among Australians.

Why Wills Must Adapt to Modern Technology

As this trend grows, the question arises: what happens to frozen eggs if the person who stored them passes away?

This is where estate planning becomes essential. Traditionally, Wills are used to distribute property, money, and belongings. Now, they may also need to address biological materials – including eggs, sperm, and embryos. Unfortunately, these matters are not always clearly covered in standard Wills or by Australian Law.

Separate Consent Documents Are Required

Importantly, reproductive materials are not treated the same as other property under law. This means they require separate documentation. A “letter of wishes” or fertility clinic consent forms can specify what happens to frozen eggs after death. These must be signed and witnessed.

While a Will may mention reproductive materials, relying on it alone is not advised. In most cases, clinics require a separate written consent to release or use eggs posthumously. Without this consent, your partner or family may not be allowed to use the stored materials – even if that was your intention.

Furthermore, storage periods for eggs and embryos vary by clinic and state regulations. Including clear instructions in your estate planning documents helps manage what happens when these time limits are reached.

Embryos Raise Even More Legal Complexity

Family law becomes a key consideration when embryos are involved. Unlike freezing eggs, embryos are created using both sperm and egg, often involving two parties. In the case of separation or divorce, either party may have the legal right to veto the use of an embryo. These complexities highlight the importance of having clear agreements and legal documents in place from the outset.

For example, imagine a woman freezes her eggs, then unexpectedly passes away. Without proper consent, her partner may not be able to use those eggs. In another case, an estranged couple may disagree on whether their stored embryos should be destroyed or used. Legal disputes in these cases can become costly, stressful, and deeply emotional.

Estate Planning Is Essential for Reproductive Materials

If you are considering using reproductive technology, you must also consider how it fits into your estate plan. This includes updating your Will, writing a letter of wishes, and ensuring your clinic has clear instructions. These steps give you control over what happens to your biological materials – and reduce the risk of future disputes.

How We Can Help

At Castrikum Adams Legal, we understand how overwhelming and emotional this area can be. Our team can guide you through the estate planning process, ensuring your wishes are legally protected. Whether you’re freezing eggs, creating embryos, or updating your Will, we’re here to help you plan with clarity and confidence.