Posthumous reproduction: consent and its limitations

The majority of the extensive debate surrounding posthumous sperm procurement (PSP) focuses on how to respect the deceased man and his autonomy. Policy and law also focus on the deceased's interests, specifying the level of consent required. This article argues (using four hypothetical fact situations) that consent should not be the sole focus of ethical debate. Instead, a fuller picture should be examined, including the wishes and values of the prospective sperm donor; the future life and prospects of the resultant child; the needs and motivations of the mother, and other pertinent factors. In practice, this means that a committee acting judicially should consider each case. This is a practical option for New Zealand and Australia where applications for posthumous sperm procurement are not common but it also enables us to consider the ethical arguments in relation to such determinations in other jurisdictions.