Post-mortem Sperm Retrieval and Posthumous Grandparenthood in the United States and Internationally

Abstract

Postmortem sperm retrieval (PMSR) is a procedure to procure sperm from a man who has been dead for a short period of time, or a man who has been declared dead by neurological criteria and is being kept alive artificially. Requests for PMSR are typically made by widows with the intention of using the sperm for artificial insemination in the future, but this is not always the case. This article examines requests for postmortem sperm retrieval from parents and family members. I will first overview the legal landscape and policies regarding PMSR internationally. Next, I will provide two clinical cases of requests for postmortem sperm retrieval from parents and family members which occurred at a major medical center in California, USA. I will then analyze the salient ethical features with particular emphasis on California laws and Israel posthumous grandparenthood policies. Requests for postmortem sperm retrieval from parents, which will not necessarily result in posthumous grandparenthood, will become more frequent. This is a compelling reason for major hospitals to draft policies. I conclude with policy suggestions for this rarified request, which I believe will become routine in the future.