Peer-Reviewed Journal Details
Mandatory Fields
Maddox, N
2020
April
Journal of Law and Medicine
Children of the Dead: Posthumous Conception, Critical Interests and Consent
Published
0 ()
Optional Fields
ETHICS COMMITTEES SPERM PROCUREMENT PRESUMED CONSENT INFORMED-CONSENT CLINICAL ETHICS RETRIEVAL REPRODUCTION GUIDELINES ATTITUDES AUTONOMY
27
645
662
Artificial Reproductive Technology now enables the conception of children after the death of their genetic father. There is little consensus on how posthumous conception should be dealt with by the law and this article examines alternative approaches to such regulation. The goal of any such regulatory regime should be the vindication of the deceased's critical or objective interests after death. Alternative approaches risk instrumentalising the dead to serve the interests of the living, or weigh too heavily the deceased's past decisional autonomy at the cost of respecting his or her likely wishes after death. Separate requirements should apply to applications for posthumous sperm retrieval and its subsequent use, with the former being less onerous given the emergency nature of the procedure and the latter involving a tribunal whose function is to consider how best to give effect to the deceased's reproductive autonomy after death.
NORTH RYDE
1320-159X
Grant Details