1st Edition

The Ethical and Legal Consequences of Posthumous Reproduction Arrogance, Avarice and Anguish

By Browne Lewis Copyright 2017
    172 Pages
    by Routledge

    170 Pages
    by Routledge

    Posthumous reproduction refers to the procedure that enables a child to be conceived using the gametes of a dead person. Advances in reproductive technology mean it is now possible to assist in creating a life after you die, and in recent years the number of women who have attempted to get pregnant using posthumous reproduction has increased. However, the law in many jurisdictions has not put regulations in place to deal with the ethical and legal consequences that arise as a result of posthumous reproduction.

    This is the first book to exclusively focus on posthumous reproduction. The book comprehensively explores the legal and ethical issues surrounding posthumous reproduction in a number of jurisdictions including the US, Israel, the UK and France. The book looks at a number of issues including: ascertaining the wishes of the dead and protecting the reproductive rights of men who have deposited frozen sperm in clinics prior to their deaths; cases involving people who want to acquire fresh sperm from deceased or incompetent men and determining who should have the right to accept the sperm; identifying the parents of the posthumously conceived child; and discussing the need to promote the best interests of the child. The book critically examines the current laws that are in place and proposes additional regulations and policies in order to effectively regulate posthumous reproduction.

    Part 1: Frozen Sperm (Thaw It Out or Throw It Out?)  1. Acknowledging the Wishes of the Dead  2. Ascertaining the Wishes of the Dead  Part 2: Fresh Sperm (Extract and Release?)  3. Acquiring the Sperm  4. Accepting the Sperm  Part 3: The Child  5. Adjudicating the Parents  6. Allocating Financial Support  Part 4: The Balance   7. Assuring that the Reproductive Rights of the Dead Man Are Protected  8. Advocating for the Best Interest of the Posthumously Conceived Child


    Browne Lewis is the Leon and Gloria Plevin Professor of Law and Director, Center for Health Law & Policy at Cleveland-Marshall College of Law, Cleveland State University, USA.