Donor Consent for Posthumous Reproduction: Legal and Ethical Perspectives
The advancement of biomedical knowledge usually develops many legal and ethical issues. Legal uncertainties are often raised in many medical treatments using new biotechnology technique as legislation could not keep pace with the rapid progress of biomedical technology. In the 20th century, one of the latest enhancements in biomedicine is Assisted Reproductive Technology (ART) This development has generated new understandings of procreation. While the ethical debates of procreation issue have not been settled yet, biotechnology advancement has allowed post mortem reproduction. Postmortem artificial insemination certainly raises numerous legal and ethical quandaries. Several legal issues including the extraction and use of sperm after death, inheritance, and the potential for legal action concerning wrongful life or negligence by the child [1] Even though some communities may condemn the practice of posthumous reproduction, empirical finding has indicated that post mortem ART is supported by American society as reported [2] In similar vein, jurisdictions in several countries, such as the US, the UK, and Australia, have permitted post mortem reproduction [3] Most of these legislations have reached an agreement in relation to the need of prior consent for posthumous conception from a deceased person. This position will be defended in this paper based on the legal need of consent and the ethical concept of autonomy which considers the best interest of posthumously conceived child.