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Woman wants dead fiancé's baby: who owns a dead man's sperm.

The Brisbane Supreme Court has denied an Australian woman's request to harvest and freeze her dead fiancé's sperm for future impregnation. After she was denied access to the sperm, the woman learnt that her fiancé may have been a sperm donor and she began checking to find out if his sperm was still available. Given what we know, there is a good ethical argument that the woman should have access to the sperm and should be allowed to have her dead fiancé's child. Another aspect of this case is that it illustrates the way in which ethics, law, and personal opinion can differ.

Female↗

Corporate tyranny.

Explore the source record for details and available documents.

Advisory Committees↗

Is posthumous semen retrieval ethically permissible?

It is possible to retrieve viable sperm from a dying man or from a recently dead body. This sperm can be frozen for later use by his wife or partner to produce his genetic offspring. But the technical feasibility alone does not morally justify such an endeavour. Posthumous semen retrieval raises questions about consent, the respectful treatment of the dead body, and the welfare of the child to be. We present two cases, discuss these three issues, and conclude that such requests should generally not be honoured unless there is convincing evidence that the dead man would want his widow to carry and bear his child. Even with consent, the welfare of the potential child must be considered.

Adult↗

Posthumous reproduction: a consideration of the medical, ethical, cultural, psychosocial and legal perspectives in the New Zealand context.

This paper describes the development of New Zealand policy on posthumous reproduction in assisted human reproduction. It outlines five perspectives: medical, ethical, cultural, psychosocial and legal and shows the multidisciplinary approach taken by the National Ethics Committee. It is argued that each of these perspectives has important contributions to make to the multidisciplinary approach. The guidelines determined by the Committee are outlined, along with the processes used in arriving at these.

Advisory Committees↗

Undue influence in the context of medical treatment.

It is argued that the application of the doctrine of undue influence to patient's decisions in the context of medical treatment is ripe for development. The doctrine is capable of providing much needed protection for vulnerable patients if developed along lines suggested by its use in other contexts. Unfortunately, the Court of Appeal has recently missed an opportunity to develop the law in this way and it may be some time before another suitable opportunity is presented to the courts.

Coercion↗

More questions than answers? R v Human Fertilisation and Embryology Authority ex parte Blood The Times 7th February 1997.

The recent Court of Appeal decision in R v Human Fertilisation and Embryology Authority ex parte Blood (1997), was an attempt to reconcile media driven support for a widow's desire to have a child using sperm obtained from her comatose husband immediately prior to his death. The Court of Appeal held that the written consent of the husband had not been obtained in respect to the storage of his sperm and this was contrary to the requirements of the Human Embryology and Fertilisation Act 1990. However in the present case it was right that once the sperm had been removed, it was preserved and stored pending a ruling as there appeared to be some uncertainty surrounding the situation. The Court also held that the Human Fertilisation and Embryology Authority had failed to exercise its discretion correctly in refusing to give Mrs Blood permission to export the sperm to Belgium where the written consent of the donor to storage of gametes is not required. The Court of Appeal stated that there was no question of a precedent being set as this was a unique situation which should not arise again in the future.

Female↗