POSTHUMOUS REPRODUCTION: REVIEW OF ETHICAL AND LEGAL ASPECTS

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RASEKH MOHAMMAD; KHORSHIDI MOJGAN; AMIRI FAEZEH

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Paper Information

Journal: Iranian Journal of Medical Ethics and History of Medicine Year:2012 | Volume:5 | Issue:3 Page(s): 43-58

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Information Journal Paper

Title

POSTHUMOUS REPRODUCTION: REVIEW OF ETHICAL AND LEGAL ASPECTS

Author(s)

RASEKH MOHAMMAD | KHORSHIDI MOJGAN | AMIRI FAEZEH | Issue Writer Certificate

Keywords

POSTHUMOUS REPRODUCTIONQ2

GAMETE AND EMBRYO CRYOPRESERVATIONQ3

FILIATIONQ3

INTERESTS OF THE CHILDQ2

INHERITANCEQ3

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.

Cites

RESPECTING OFFSPRING OF EMBRYO DONATION’ RIGHTS BASED ON ETHICAL PRINCIPLES

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APA: Copy

RASEKH, MOHAMMAD, KHORSHIDI, MOJGAN, & AMIRI, FAEZEH. (2012). POSTHUMOUS REPRODUCTION: REVIEW OF ETHICAL AND LEGAL ASPECTS. JOURNAL OF MEDICAL ETHICS AND HISTORY OF MEDICINE, 5(3), 43-58. SID. https://sid.ir/paper/135530/en

Vancouver: Copy

RASEKH MOHAMMAD, KHORSHIDI MOJGAN, AMIRI FAEZEH. POSTHUMOUS REPRODUCTION: REVIEW OF ETHICAL AND LEGAL ASPECTS. JOURNAL OF MEDICAL ETHICS AND HISTORY OF MEDICINE[Internet]. 2012;5(3):43-58. Available from: https://sid.ir/paper/135530/en

IEEE: Copy

MOHAMMAD RASEKH, MOJGAN KHORSHIDI, and FAEZEH AMIRI, “POSTHUMOUS REPRODUCTION: REVIEW OF ETHICAL AND LEGAL ASPECTS,” JOURNAL OF MEDICAL ETHICS AND HISTORY OF MEDICINE, vol. 5, no. 3, pp. 43–58, 2012, [Online]. Available: https://sid.ir/paper/135530/en

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