40 Embryo transferred after death of [male spouse, civil partner or intended parent] who did not provide sperm
Human Fertilisation and Embryology Act 2008 (2008 c 22) | Legislation

40  Embryo transferred after death of [male spouse, civil partner or intended parent] who did not provide sperm

(1)     If—

(a)     the child has been carried by W as a result of the placing in her of an embryo,

(b)     the embryo was created at a time when W was a party to a marriage [with a man] [or a civil partnership with a man],

(c)     the creation of the embryo was not brought about with the sperm of the other party to the marriage [or civil partnership],

(d)     the other party to the marriage [or civil partnership] died before the placing of the embryo in W,

(e)     the other party to the marriage [or civil partnership] consented in writing (and did not withdraw the consent)—

(i)     to the placing of the embryo in W after his death, and

(ii)     to being treated for the purpose mentioned in subsection (4) as the

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