Donor gametes and frozen embryos: should there be a right to withdraw consent?

Several years can pass between the creation of an embryo and its transfer into the body of a woman. This article critically analyses whether a donor should have the right to withdraw consent for the use of their gametes once those gametes have been used to form an embryo. Drawing upon the Canadian case of Caufield v Wong (2005) 50 Alta LR (4th) 61; 2005 ABQB 290, it is argued that the Australian regulatory frameworks in this area are deficient because they fail to take account of the divergent roles and expectations of donors. Furthermore, the legislative frameworks in Victoria and South Australia are poorly drafted and need to be clarified. A new framework that overcomes these deficiencies is proposed.