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Posthumous conception by presumed consent A pragmatic position for a rare but
ethically challenging dilemma
#MMPMID29774248
Tremellen K
; Savulescu J
Reprod Biomed Soc Online
2016[Dec]; 3
(?): 26-29
PMID29774248
show ga
The prevailing legal position and opinion of professional societies such as the
European Society for Human Reproduction and Embryology and the American Society
for Reproductive Medicine is that posthumous sperm conception should only occur
in the presence of explicit written consent from the deceased man. However, in
our opinion this is an impractical approach as the majority of deaths of
reproductive-age men are sudden and unexpected, thereby precluding explicit
consent. Previously in this journal we have outlined arguments supporting a move
to a standard of presumed consent for posthumous conception, with provisions for
men to 'opt out' and safeguards to protect the welfare of the prospective mother
and her child. In a recent commentary in this journal, Kroon outlines arguments
against our position of presumed consent as an unacceptable violation of the
deceased's autonomy. However, such arguments on the primacy of the rights of the
dead are in our opinion not paramount, especially since this position blocks
access to posthumous conception for the majority who support its use. The
objective of this commentary is to provide a rebuttal to the concerns raised by
Kroon and hopefully reorientate the discussion towards the rights and welfare of
the living (widow, prospective child), not the dead.
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