The grave's a fine and private place : a preliminary exploration of the law relating to posthumous sperm retrieval for procreation

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.