Hum. Reprod. Advance Access originally published online on July 8, 2004
Human Reproduction 2004 19(9):1952-1956; doi:10.1093/humrep/deh360
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Posthumous sperm retrieval for the purpose of later insemination or IVF in Israel: an ethical and psychosocial critique
Paul Baerwald School of Social Work and Social Welfare, The Hebrew University of Jerusalem, Mount Scopus, Jerusalem 91905, Israel
Email: mslanda{at}pluto.mscc.huji.ac.il
In October 2003, the Attorney General of the Government of Israel published guidelines allowing posthumous sperm retrieval for the purpose of later insemination or IVF by the surviving female partner. This paper presents an ethical and psycho-social critique of the guidelines, which challenges their basic premise that personal autonomy over-rides any other ethical principle and argues that the autonomy of the adult should not over-ride the well-being of the offspring. It also shows that, despite the centrality of autonomy in the guidelines, they actually infringe on the autonomy of the deceased, and pose challenges to that of the surviving partner. It questions the propriety and very possibility of ascertaining the ‘presumed wishes’ of the deceased for a posthumous child. Finally, it argues against the document's presentation of posthumous sperm retrieval as a medical procedure and contends that, on the contrary, medicine and science are suborned to the exploitation of the dead.
Key words: ethics/Israel/posthumous sperm retrieval