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Posthumous reproduction and the meanings of autonomy.

In recent years there has been considerable debate over the legal and ethical issues associated with posthumous reproduction. This article analyses recent cases and legal regulation of reproductive technologies in Australia. The issues associated with posthumous reproduction are explored through a consideration of the nature of an individual's interest in their reproductive material. The suitability of a property-based model as a means of conceptualising interests in reproductive material is explored. The article concludes that the issues in this area need to be analysed in terms of autonomy interests that are understood relationally.

Australia↗

[Post mortem semen acquisition: not without 'informed consent'].

Recently, two requests for post-mortem semen acquisition were evaluated and rejected. The first request was from the wife of a man who died after the wedding night. In the second case, the wife requested that electroejaculation be done on a man who was brain dead because of a gunshot wound in the head. In both cases, the fact that there was no written consent from the men involved before they died was the deciding reason not to grant the requests. Written consent is legally and ethically seen as the final episode of a period in which persons have considered the consequences of the acquisition, storage and use of semen after the death of the husband.

Adult↗

[Posthumous sperm procurement and use--ethical and legal dilemmas].

OBJECTIVE: To present a review of bioethical discussion and recommendations concerning posthumous sperm procurement and postmortem parenthood. DESIGN: Review article. SETTING: Department of Obstetrics and Gynecology, Masaryk University, Brno, Department of Obstetrics and Gynecology, Palacky University, Olomouc. SUBJECT AND METHOD: Literature search in Database of Abstracts of Reviews of the Evidence (DARE) and MEDLINEplus. Posthumous sperm procurement and cryopreservation must be performed within 36 hours after death. To established appropriate medical practice, it is important to consider all stakeholders in the decision-making process: the deceased, the requesting party, the child, the physician and the society. There are only few legislative measures concerning postmortem parenthood and posthumous sperm procurement. The essential elements for postmortem reproduction are: judicial order, ethics committee approval, bereavement period of at least 6 month before use. CONCLUSION: Posthumous sperm procurement is fraught with ethical and legal implications. All stakeholder should be considered. Society for reproductive medicine should prepare acceptable standard protocol.

Cryopreservation↗

Life after death: preservation of the immortal seed.

In today's brave new world, women who suffer the loss of their husband or lover can call upon medical science to create a souvenir baby. The rights of the decedent over his genetic material and the rights of the child who is created therefrom are the subject of an evolving legal process. This Essay examines legal, moral and ethical issues which arise from post-mortem artificial insemination. It discusses the attendant conflicts of procreative rights, finality of probate, psychological issues, international law, and recent cases. Ultimately, comprehensive legislation must be enacted to address these issues.

Child↗