Clinics admit they take sperm from dead men.
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PURPOSE: To determine if a viable pregnancy is possible after aspiration of sperm from the testes of a man several hours after his death. METHOD: Following cryopreservation of the aspirated sperm, in vitro fertilization (IVF)-embryo transfer (ET) with intracytoplasmic sperm injection (ICSI) was used. The sperm selected were either those with motility or plumper non-motile sperm. RESULTS: Fertilization of oocytes and ET occurred following all five IVF-ET cycles. A clinical pregnancy was achieved in cycle 1 with non-motile sperm and a viable pregnancy resulted from cycle 5 with ICSI performed with viable sperm. CONCLUSION: Viable pregnancies following IVF-ET and ICSI are possible even when using testicular sperm obtained posthumously.
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Due to the possibility of storing gametes and pre-embryos, conflicts over the use of pre-embryos and post mortem insemination have found their way into the courts. Case law allows parties to conclude an agreement as to the destination of their pre-embryos in case of divorce or death. These agreements shall be presumed binding. However, if the agreement leads to forced procreation, this will not be allowed. If there is no agreement, or no agreement that can be enforced, the Davis rule will be applied: the right to procreate and the right to avoid procreation will be balanced against each other. If post mortem procreation is not prohibited, the role of a third party, i.e. the doctors or the future child, should also be taken into account.
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As the twenty-first century begins, changing technology is testing old rules of property law. In this Article, the author discusses the effect of modern technology on the Role Against Perpetuities. This discussion includes the arguments for and against recognition of the embryo as a life in being, as well as suggestions for legislative solutions to this issue.
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The medical capabilities derived from modern reproductive technology, such as in vitro fertilization and cryopreservation, have enabled physicians and scientists to intervene in the procreative process in innumerable ways. However, this intervention in the natural reproductive process raises both moral and legal concerns. In this Article, Professor Schiff explores some of the conflicts that may result when an individual or couple elects to cryopreserve gametes or embryos and subsequently, one or both of the contributors dies, or when gametes are harvested from a dead body. This Article will specifically address the moral and legal responses to circumstances where the decedent has either clearly expressed opposition to posthumous use of the reproductive material or else the decedent's intent regarding posthumous use of the material is ambiguous. By discussing philosophical and moral positions relating to personhood and the body and analyzing legal issues such as reproductive choice and organ donation, Professor Schiff creates the necessary format to examine and recommend the proper legal treatment of this controversial aspect of posthumous procreation.