by nessalou9
Last updated 7 years ago

Health & Fitness
Illness & Disease

Toggle fullscreen Print glog

Posthumous Semen Retrieval

It is an individual’s authority to make a gift of donation, or others to make a decision if the deceased has not made one vs. no consent of retrieval of sperm from the deceased and the welfare of the unborn child.

The Uniform Anatomical Gift Act allows the next-of-kin to consent to the retrieval of organs and tissue after death, unless there is evidence that the decedent would not have consented to it (Spielman, 2009, p.2). Contemporary medical technology makes it possible for physicians to retrieve sperm up to 24 hours after death. Sperm is stored at extremely low temperatures allowing for artificial insemination months to years after sperm is stored (Hoffman, 2003). The retrieval of organs and tissue is used for four purposes: transplantation, therapy, research, or education (Spielman, 2009, p.2). The retrieval of post mortem gametes is interpreted as “therapy” to encompass reproductive treatments. UAGA establishes an individual’s authority to make a gift, or others to make decisions if the deceased hasnot made a decision before death, including semen retrieval (p.3). The sperm is later used for in vitro fertilization. All costs of collection, storage of semen, and in vitro are not paid for and the child would not be eligible for social security in the future (p.3).

Daniel Chirsty suffered severe head trauma in a motorcycle accident. Christy was listed as an organ donor. When Chirsty was hospitalized, his fiancé requested his sperm to be surgically removed in order to use for in vitro in the future. His parents were his surrogates, and also requested the sperm to be retrieved. The ethical issue stands as if Chirsty would have consented to the sperm retrieval (Spielman, 2009, p.1).

Hoffman, S. (2003). Currents in contemporary ethics, new reproductive technologies and the inheritance rights of unborn child. Journal of Law, Medicine & Ethics, 4(23), 1-3.James, S. (2010, Febuary). Sperm retrieval: Mother creates life after death. Retrieved from, B. (2009). Pushing the dead into the next reproductive frontier: post mortem gamete retrieval under the uniform anatomical gift act. Journal of Law, Medicine & Ethics, 37(2), 1-5. doi: 2010313275VANESSA STRONG



    There are no comments for this Glog.