Ethical Considerations in Post-Mortem Sperm Retrieval: A Comprehensive Review

JBRA Assist Reprod. 2024 Jun 1;28(2):349-352. doi: 10.5935/1518-0557.20240022.

Abstract

This comprehensive review delves into the moral and ethical dilemmas surrounding post-mortem sperm retrieval (PMSR) and its implications for creating new individuals. The paper examines the challenges posed by unusual requests for sperm retrieval from the deceased's widow and parents, as well as the broader socio-ethical considerations associated with PMSR. These requests have often been denied due to the absence of established laws and guidelines governing posthumous sperm retrieval and subsequent births, which were once deemed impossible. While some countries have implemented institutional policies to regulate its use to some extent, there remains a lack of standardized rules and procedures for the collection and retrieval of sperm after death. It is essential to introduce institutional guidelines to facilitate requests for assisted reproductive technology (ART) following successful sperm retrieval. Additionally, the development of PMSR legislation is necessary to ensure a proper balance between the moral rights and fundamental rights of the deceased, their family, and any current or future offspring, while providing adequate protection for all parties involved.

Keywords: PMSR Act and guidelines; ethics in PMSR; postmortem parenthood; postmortem sperm retrieval.

Publication types

  • Review

MeSH terms

  • Humans
  • Male
  • Posthumous Conception / ethics
  • Posthumous Conception / legislation & jurisprudence
  • Reproductive Techniques, Assisted / ethics
  • Reproductive Techniques, Assisted / legislation & jurisprudence
  • Sperm Retrieval* / ethics
  • Sperm Retrieval* / legislation & jurisprudence