Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

It depends. In the case of a man and a woman, if the embryo has a genetic link to the man and the man dies and if there is a posthumous agreement in place going into IVF, it is their choice to decide what they want to do in the case of one of them passing away. If they do sign something authorising their partner to continue with assisted human reproduction in the case of their death, if it is a woman, she can use the embryo herself to attempt to become pregnant. If that does not work, she can try to avail of surrogacy. For the man, if he has a genetic link to the embryo, which he may or may not have, he can apply using that embryo through surrogacy as a single intending parent.