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Using sperm posthumously: national guidelines versus practice.

Arieh Raziel1, Shevach Friedler, Deborah Strassburger

  • 1Male Infertility and IVF Unit, Assaf Harofeh Medical Center, Tel-Aviv University, Zerifin, Israel. araziel@asaf.health.gov.il

Fertility and Sterility
|December 8, 2009
PubMed
Summary

Israeli judges often permit postmortem sperm retrieval and freezing for families, even for unmarried men. Despite successful retrieval in 17 cases, no frozen sperm samples have been used yet.

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Area of Science:

  • Reproductive Medicine
  • Medical Ethics
  • Legal Medicine

Background:

  • Postmortem sperm retrieval (PS R) is a sensitive procedure influenced by family requests and time constraints.
  • Judicial authorization for PS R in Israel, particularly for unmarried men, often overrides existing guidelines.
  • Ethical and legal considerations surrounding posthumous conception are complex and evolving.

Purpose of the Study:

  • To analyze the practice of postmortem sperm retrieval and freezing in Israel.
  • To examine the judicial decision-making process in authorizing PS R.
  • To report on the success rates and subsequent utilization of retrieved sperm.

Main Methods:

  • Retrospective review of postmortem sperm retrieval cases from 2003 to June 2009.

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  • Documentation of judicial authorizations, retrieval success, sperm motility, and cryopreservation.
  • Tracking of any applications for the use of stored sperm samples.

    • Main Results:

    • PS R was successful in 17 cases between 2003 and 2009.
    • Motile sperm were recovered in 16 out of 17 cases.
    • Cryopreservation was performed in 15 out of 16 cases with motile sperm; however, no samples have been used to date.

    Conclusions:

    • Israeli judges frequently authorize PS R under familial and time pressures, sometimes diverging from official recommendations.
    • While technically successful, the clinical application of postmortem retrieved sperm remains unutilized in the reported period.
    • Further ethical and legal discourse is needed regarding the use of posthumously retrieved sperm.