Mohammad Rasekh, Mojgan Khorshidi, Faezeh Amiri,
Volume 5, Issue 3 (6-2012)
Abstract
Posthumous reproduction has recently emerged in line with the development of assisted reproduction technology (ART) methods. In this method, individuals take steps to freeze their gametes or embryos for posthumous insemination or reproduction. However, diverse moral and legal questions ensue, and it is important to preserve human dignity and protect the child's rights and interests. In this regard, from an ethical point of view, we discuss supporting and opposing arguments on autonomy, consent, and the child’s interests. We reason that any measure to be taken on the gamete after death has to be based on the autonomy of the deceased and his/her explicit or implicit consent as to the posthumous use of the gamete. On the legal aspects, we discuss proprietary rights over gametes, filiation of the child, and his/her inheritance. In our opinion, non-financial authority over one’s organs, tissues and cells, as well as parenthood and conditional inheritance are plausible answers in these regards. Evidently, the legal system cannot address these issues without taking into account the ART developments and contemporary expediencies. This in turn depends on taking a modern stance relying on justifiable moral and legal principles. Moreover, it will help identify shortcomings of the legal system in this regard.
Leila Alizadeh, Reza Omani Samani,
Volume 5, Issue 4 (7-2012)
Abstract
Rapid development in assisted reproductive techniques has brought hope to many childless couples, while it has created new social, ethical and legal dilemmas. Stored frozen gametes and embryos have led to situations where the surviving spouse wants to create offspring after the person's death. Also, the possibility of sperm retrieval even after 36 hours of death, and getting oocytes from aborted fetus or brain dead people has brought a new term: "posthumous assisted reproduction". Posthumous assisted reproduction is the most challenging, difficult, and sensitive issue to be discussed ethically and religiously. In this paper, the acceptability of the posthumous reproduction in Islamic context was evaluated. In Islamic societies where infertility is viewed as a problem of families, posthumous assisted reproduction seems unacceptable. Major concerns such as consent and ownership of the gametes after death, family, marriage and welfare of the child are discussed together with some legal issues. Based on infertility as a disease of family, posthumous assisted reproduction is unacceptable even with previously frozen gametes or embryos. Also, Islamic vision to marriage, consent and welfare of the child confirms the unacceptability. There must be law or guideline to ban this procedure in Islamic contexts.
