Posthumous Decision-making

Losing a loved one is hard for anyone. People tend to make irrational decisions sometimes and other times they just mourn over the memories that could have been made. However, with the possibility that their spouse can still have a presence in their life, anyone would leap for this opportunity.

Posthumous Gamete Retrieval and Reproduction can be done with the deceased partner leaving clear instructions that he/she consents to having their gametes harvested after they have been declared brain dead. This topic raises much controversy over ethical and legal predicaments. Posthumous Gamete Reproduction is currently permissible in the United States, the United Kingdom, Australia, and Israel, all of which have different legislation dealing with this type of reproduction (Simana). At first glance, many people assume that religion is what causes this discrepancy, but a study showed that “the majority (58%) of respondents who were very religious approved of retrieval” (Hans). Support towards this practice is a result of three major justifications: preserve genetic lineage, conflict of interest, and the decision-making capacity of a grieving spouse.

The first justification of preserving one’s genetic lineage is the reason why posthumous gamete reproduction is even considered. After one’s death, many people have the desire to leave their mark behind and hope that their genetic line continues even after them (Simana). Surnames symbolize lineage and individuals hope to create “connection with future generations by making it possible for a genetically related offspring to carry the deceased's genetic material” (Simana). This is the shared wish for many.

Additionally, before a posthumous gamete retrieval and/or reproduction can be implemented, the interests of all family members should be unanimous. Granted, there should be legal paperwork in which the deceased has approved of their gametes being used, but all family members should have a say in the child’s future (Simana). As mentioned earlier, the family as a whole's religious beliefs and values will need to be taken into consideration before making this final decision. This only segues into the argument that the deceased parent's interests should be carefully looked into in order to account. A parent would never want their kid to have to suffer an abusive childhood by their spouse's growing up so other factors needed to be weighed in because at the end of the day, the deceased only has a relationship with their child but the spouse is the one that takes the responsibility (Simana).

However, if the child is granted to be welcomed into warm hands and does not have to suffer any harm, posthumous gamete retrieval seems to be a viable option for widows who hope to carry on their legacy and be able to enjoy their loved one's presence through their child.

Citations:

https://academic.oup.com/jlb/article/5/2/329/5067635

https://pubmed.ncbi.nlm.nih.gov/25134070/

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Works Cited:

Hans JD. Posthumous gamete retrieval and reproduction: would the deceased spouse consent? Soc Sci

Med. 2014 Oct;119:10-7. doi: 10.1016/j.socscimed.2014.08.010. Epub 2014 Aug 13. PMID:

25134070.

Shelly Simana, Creating life after death: should posthumous reproduction be legally permissible

without the deceased's prior consent?, Journal of Law and the Biosciences, Volume 5, Issue 2,

August 2018, Pages 329–354, https://doi.org/10.1093/jlb/lsy017.