<p>The rapid advancement of assisted reproductive technologies has not only expanded the possibilities of human reproduction but also introduced crucial ethical and legal challenges, particularly in the case of posthumous conception. Existing legal frameworks, such as the one-year limit on using cryopreserved sperm in some European countries, often fail to address the emotional and practical needs of surviving partners, exposing significant gaps in current policies. This paper argues that reproductive autonomy should extend beyond death, ensuring that individuals’ explicit wishes regarding the use of their gametes or embryos are respected. To bridge this regulatory and ethical gap, we propose the development of reproductive wills, a legal mechanism designed to safeguard postmortem reproductive autonomy. By allowing individuals to specify their reproductive intentions in advance, reproductive wills provide a structured approach to balancing personal autonomy with the rights and interests of surviving partners and potential offspring.</p>

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Postmortem reproduction: the bioethics of reproductive wills

  • Adrian Villalba,
  • Salvador Mut,
  • Leda Pedelini

摘要

The rapid advancement of assisted reproductive technologies has not only expanded the possibilities of human reproduction but also introduced crucial ethical and legal challenges, particularly in the case of posthumous conception. Existing legal frameworks, such as the one-year limit on using cryopreserved sperm in some European countries, often fail to address the emotional and practical needs of surviving partners, exposing significant gaps in current policies. This paper argues that reproductive autonomy should extend beyond death, ensuring that individuals’ explicit wishes regarding the use of their gametes or embryos are respected. To bridge this regulatory and ethical gap, we propose the development of reproductive wills, a legal mechanism designed to safeguard postmortem reproductive autonomy. By allowing individuals to specify their reproductive intentions in advance, reproductive wills provide a structured approach to balancing personal autonomy with the rights and interests of surviving partners and potential offspring.