The court referred the matter to the court to gather further evidence to determine whether there was an agreement on this case (a contentious case), and probably to consider how interest should be compensated if there was no agreement. (Final sales appear to focus on the court`s application of the contractual approach, which would be #1 in the above list; but the rest of the opinion clearly indicates that the Court of Appeal authorizes compensation in the absence of a contract.) Consent to IVF, etc., is essential when it comes to legal motherhood and surrogacy agreements that are made through licensed clinics, but remember that the rules differ with respect to informal agreements between individuals (do-it-yourself surrogacy). For example, when a same-sex couple married or living with donor seeds gets pregnant in an informal DIY agreement, the donor is not a legal parent because of marriage/life, but when a couple of unmarried women of the same sex gets pregnant with donor seeds in an informal DIY agreement, the donor is a legal parent. Of course, there are exceptions. In fact, there are certain promises that the courts will not make if a party changes its mind: a promise to sell itself to slavery is not kept; a promise to provide personal services is not fulfilled by a court order, while a court could pay damages for breach of the undertaking; a promise to have sex is not kept (even if the promise was not for money and is therefore not criminal prostitution). The view of the legal system is that it would be too cruel to force people to participate in certain behaviours – especially certain behaviours that affect their own bodies – even if they had promised to do so. Individuals and couples involved in the reproduction of third parties should also be aware of potential conflicts between the doctor`s consent forms and the contracts they may have entered into. Physicians` forms cannot take into account all the specific data and variations processed in a surrogacy or egg donor contract. Therefore, if the consent form appears to conflict with your ice donor, surrogacy or any other contract, you should discuss it with your lawyer. Often, the contract contains a clause replacing the language of the consent form. In the absence of such a clause, the adversarial provision could pose problems in the event of a dispute. The requirement for informed consent is intended to protect patients.