Parenthood from the Grave: Protocols for Retrieving and Utilizing Gametes from the Dead or Dying

Abstract

Retrieving sperm from deceased, brain dead or comatose males has been possible for almost forty years through in vitro fertilization (IVF). In these cases, physicians are faced with ethical and legal issues including matters of consent and whether the dead or dying have procreative rights.

This article is limited to postmortem gamete acquisition for the purposes of subsequent conception. It explores the debate on the appropriate framework for evaluating the bio-ethics regarding postmortem gamete retrieval and unitization. Since no law exists in this area, the only guidelines are those drafted by teaching hospitals. These guidelines will be examined from the perspective of reproductive liberty. It argues that the protocols accord too much power over procreative choice to medical professionals.

Keywords: procreative rights