Life after Death? Navigating (Lack of) Consent, Special Relationships, and Access to Gametes
Friday, October 13, 2023
3:15 PM – 4:30 PM ET
Location: Atlantic (Third Floor)
In the more than forty years since postmortem sperm retrieval (PMSR) was first attempted, hospitals have sought to develop policies to address the many complex issues PMSR raises. Due to lack of regulation concerning PMSR in the United States, hospitals have no guidance as to the legal classification of gametes retrieved postmortem, who may consent to their retrieval, or how it may be used once retrieved. This already complex issue is particularly challenging when the deceased has not previously given consent to have his sperm harvested for the purpose of post-mortem procreation; it is further complicated when the requestor is not the romantic partner of the donor. The majority of policies that exist require either explicit consent from an advanced care planning document, or at the very least that the requestor be the spouse of the deceased. In a recent high-profile case however, the parents of a young man were able to successfully petition a court for the retrieval and use of their dead child’s gametes. This paper will discuss the particular ethical challenges that are raised when the requestor for PMSR is not the partner of the deceased, and will provide guidance for ethics consultants receiving such requests.