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.
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 language | English |
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Pages (from-to) | 557-578 |
Number of pages | 22 |
Journal | UWA Law Review |
Volume | 48 |
Issue number | 2 |
Publication status | Published - May 2021 |