Abstract:
The application of advances in reproductive technologies continues to raise
significant legal and ethical questions. The retrieval of sperm from a dead man for
procreation is no exception, not least because individual choice regarding
procreation represents the very essence of human self-determination. A request for posthumous sperm retrieval typically comes in a situation where
no prior consent for the procedure exists: a person requests the removal of the
sperm of a deceased spouse or partner in situations of unexpected loss and
tragedy, such as the sudden death of that spouse or partner in a motor vehicle
accident.