Consent in Posthumous Reproduction: Giving the Deceased a Voice without Drowning out the Living in Cases of Unexpected Death

Research output: Contribution to journalArticlepeer-review

Abstract

One of the most controversial issues in the legal regulation of artificial
reproductive technology is how to approach posthumous reproduction (PR). Typically, this involves a cisgender woman seeking to use her deceased cisgender male partner's sperm extracted after his death. This article analyses the legal approach to posthumous reproduction in Western Australia, arguing that the current prohibition on posthumous use is unjustified. In circumstances of unexpected death, a deceased's silence during their life regarding how their genetic material can be used after their death should not found a presumption against consent to PR. After discussing the presumed consent model adopted in Israel and emerging empirical research in the field, this article outlines the fundamentals of a more desirable legal approach to PR in Western Australia and Australia more broadly. The proposed model is one in which PR is permitted in cases of unexpected death where there is prima facie evidence that the deceased would have supported their partner engaging in the practice.
Original languageEnglish
Pages (from-to)557-578
Number of pages22
JournalUWA Law Review
Volume48
Issue number2
Publication statusPublished - May 2021

Fingerprint

Dive into the research topics of 'Consent in Posthumous Reproduction: Giving the Deceased a Voice without Drowning out the Living in Cases of Unexpected Death'. Together they form a unique fingerprint.

Cite this