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Arising from the dead: challenges of posthumous procreation
1University of Pittsburgh School of Law, USA.
North Carolina Law Review
|March 1, 1997
Summary
Modern reproductive technologies like in vitro fertilization and cryopreservation raise ethical questions when a donor dies. This article examines legal and moral responses to posthumous use of cryopreserved gametes and embryos.
Area of Science:
- Reproductive Medicine
- Bioethics
- Medical Law
Background:
- Modern reproductive technologies, including in vitro fertilization (IVF) and cryopreservation, offer advanced interventions in human procreation.
- These technologies introduce complex moral and legal challenges, particularly concerning the posthumous use of gametes and embryos.
Purpose of the Study:
- To explore conflicts arising from cryopreserved gametes/embryos when a contributor dies.
- To address moral and legal responses to posthumous reproduction when the decedent's intent is known or ambiguous.
Main Methods:
- Analysis of philosophical and moral positions on personhood and the body.
- Examination of legal issues related to reproductive choice and organ donation.
Main Results:
- The study identifies ethical dilemmas and legal ambiguities surrounding posthumous conception.
- It highlights the need for a structured approach to determine the legal treatment of reproductive materials after death.
Conclusions:
- Clear legal frameworks are needed to navigate the complexities of posthumous procreation.
- Ethical considerations of personhood and bodily autonomy must inform legal decisions regarding reproductive materials.