best illustrated by considering a donor couple where both
individuals in the couple contribute their genetic material to the
creation of embryos. In that situation, neither person would lose
their donor status after separation and/or divorce. Yet the
respondent’s position would result in preventing even those
genetically contributing former spouses — each with an equivalent
genetic connection to the embryo — from withdrawing their consent to the use of an embryo. This could lead to situations where
people could have genetically related children born to ex-spouses
years after marriage breakdown.
 I do not accept an interpretation of s. 14(3) that would lead
to this incongruous result, one that is antithetical to the emphasis
placed upon donor consent and its essential relationship to the
ability to withdraw consent.
( iii) The lawfulness of donor consent rests on the donor
knowing that the consent can be withdrawn
 The ability of a former spouse who is still part of the donor
couple to withdraw consent under s. 14(3) is also apparent from
the legal requirements for obtaining a legally compliant consent
in the first place. Those requirements include that the donor be
informed of his or her right to withdraw consent prior to the use
originally consented to.
 Section 13(1) requires that before an in vitro embryo is
used, the person wishing to make use of it have the written
consent of the embryo’s donor, stating that it may be used for
that purpose. Importantly, the lawfulness of that written
consent relies on meeting the requirements of s. 12 of the
Consent Regulations, including ss. 12(b) and 12(c)( i).
 Section 12 requires that before an in vitro embryo is used,
the person wishing to make use of it must have a document
signed by the embryo’s donor, specifically acknowledging that
before the donor consented, the donor was informed in writing
that, if he or she wished to withdraw consent, that the withdrawal
would have to be in writing (s. 12(b)); and that the withdrawal of
consent would only be “effective” if the person intending to make
use of the in vitro embryo “is notified in writing of the withdrawal”
before the use of the embryo (s. 12(c)( i)).
 Read together, ss. 12 and 13 of the Consent Regulations
make clear that at the time that donors initially give their consent, they must be informed in writing about how to withdraw
that consent. Further, the donors must acknowledge in writing
that they have been informed of this fact. And, even further,
anyone making use of an in vitro embryo must have that written
donor acknowledgement in hand before using the embryo.