Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Friday, September 14, 2012

Article on Posthumous Reproduction

Home.ashxCynthia E. Fruchtman recently published his article entitled Tales From the Crib: Posthumous Reproduction and Art, 33 Whittier L. Rev. 311 (2012).  The introduction from the article is below: 

Assisted Reproductive Technology (ART) allows for a multitude of choices for conception, ranging from artificial insemination to surrogate parenting after the death of a biological parent through the extraction of eggs and sperm from the deceased for procreative purposes. Nevertheless, there is sufficient societal stigma attached to infertility that some people may intentionally conceal their use of ART. Others simply may not realize the relevance of having stored sperm or ova or embryos as they make other life decisions. Therefore, people cannot be expected to volunteer information about their experiences with ART.
Consequently, it is incumbent upon doctors, lawyers, psychologists, and other professionals to explore and document the wishes of their clients or patients regarding posthumous reproduction. This documentation should be reviewed at every opportunity, especially when advising to advance health care directives (sometimes referred to as living wills), family or estate planning or divorces, or any other process in which procreation is, should be, or could be addressed.


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