The grave's a fine and private place : a preliminary exploration of the law relating to posthumous sperm retrieval for procreation

Abstract

The application of advances in reproductive technologies continues to raise
 significant legal and ethical questions. The retrieval of sperm from a dead man for
 procreation is no exception, not least because individual choice regarding
 procreation represents the very essence of human self-determination. A request for posthumous sperm retrieval typically comes in a situation where
 no prior consent for the procedure exists: a person requests the removal of the
 sperm of a deceased spouse or partner in situations of unexpected loss and
 tragedy, such as the sudden death of that spouse or partner in a motor vehicle
 accident.