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This paper examines the history of Australian superior court decisions on the retrieval of gametic material from deceased men. It examines the history of case law and legislation on the issue and then provides a summary of the current operative principles. The paper concludes with some reflections on the harms caused by posthumous retrieval of gametes, the role of property rights and the nature of reproductive autonomy.

Type

Journal article

Journal

J Law Med

Publication Date

03/2021

Volume

28

Pages

663 - 683

Keywords

posthumous reproduction, property rights in human tissue, tissue donation, Australia, Humans, Male, Ownership, Posthumous Conception, Relational Autonomy