The Person

Delivered on 22 August 2024, Forbes v Baker [2024] WASC 643 represented a turning point in the law as to what it means to be human.Delivered on 22 August 2024, Forbes v Baker [2024] WASC 643 represented a turning point in the law as to what it means to be human.The Deceased, David Baker, was born in unusual circumstances and into a difficult life. Cloned by his father, his genetic code mixed with non-human material, the Deceased died leaving a wife, a lover, and a substantial estate.The Wills Act (WA) provides that a person can make a will. It is alleged by the Defendant, the Deceased's wife, that the Deceased was, by virtue of his mixed DNA, not a "person" for the purposes of the Wills Act.This case represents an important milestone in the developing law relating to reproduction, cloning and humanity.