Fertility Preservation for Children with Cancer: Legal and Ethical Challenges

25 Pages Posted: 29 Jul 2022

See all articles by Neil Maddox

Neil Maddox

Maynooth University

Claire McGovern

Maynooth University

Date Written: July 19, 2022

Abstract

Fertility preservation for cancer patients (oncofertility) is a new and developing area of medical practice presenting unique legal and ethical challenges. This is particularly so when the patient is a child. This paper traces the development of this new discipline and the medical options for fertility preservation for children and young adults. It then examines the legal and ethical issues presented by oncofertility for children by considering the right to reproduce, consent of minors and proxy consent, as well as the question as to who controls the fate of the child’s cryopreserved reproductive tissue. Some tentative conclusions are drawn.

Note:
Funding Information: This report was completed with funding from the Irish Research Council's New Foundations Scheme which the authors happily acknowledge.

Conflict of Interests: None.

Keywords: Fertility Preservation; Children; Consent; Posthumous Conception; Human Gametes

JEL Classification: K32

Suggested Citation

Maddox, Neil and McGovern, Claire, Fertility Preservation for Children with Cancer: Legal and Ethical Challenges (July 19, 2022). Available at SSRN: https://ssrn.com/abstract=4167110 or http://dx.doi.org/10.2139/ssrn.4167110

Neil Maddox (Contact Author)

Maynooth University ( email )

Law Department
Maynooth University
Maynooth, County Kildare 00000
Ireland

Claire McGovern

Maynooth University ( email )

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