Ethical and Legal Considerations in Posthumous Oocyte Retrieval for Minor Girls

Posthumous gamete retrieval has emerged as a complex issue at the intersection of reproductive technology, bioethics, consent, and law. While posthumous sperm retrieval has received small amounts of legal, ethical, and clinical attention, posthumous oocyte retrieval, particularly in minors, remains largely unaddressed. This review examines the clinical, legal, and ethical considerations surrounding posthumous oocyte retrieval in minor girls. First, the paper explores the medical processes involved in posthumous gamete retrieval, drawing a significant distinction between sperm and oocyte retrieval. Second, it reviews international legal standards and U.S. jurisprudence relevant to posthumous reproduction, including both constitutional reproductive rights cases and court decisions directly addressing posthumous gamete use at the state level. Third, it analyzes existing institutional and professional guidelines governing posthumous reproduction in the United States. Across these three domains, the analysis reveals three main takeaways. First, current frameworks overwhelmingly assume adult decedents and focus primarily on sperm retrieval requested by spouses or partners, leaving a large unaddressed gap for minors and posthumous oocyte retrieval. Second, posthumous oocyte retrieval in minors presents distinct challenges related to medical burden, consent, parental authority, and the upbringing and welfare of potential offspring. Lastly, institutional, professional, and legislative guidance that prohibits posthumous oocyte retrieval in minors should be issued to provide clarity and recommendations for clinicians confronted with such requests.