Technology already means people could become parents after their death, but New Zealand law needs to be reviewed to decide whether they should, an ethics committee says.
A discussion document on "posthumous reproduction" was released yesterday by Acart, the Advisory Committee for Assisted Reproductive Technology.
Existing law permits the use of a dead man's sperm if it was retrieved before his death, but several scenarios lay outside current guidelines, Acart chairwoman Gillian Ferguson, of Dunedin, said.
They included retrieval of sperm from a deceased man or eggs from a deceased woman; use of stored eggs after the death of a woman; retrieval and use of reproductive tissue from deceased people and retrieval and use of sperm or eggs from a person who had become permanently incapacitated and whose death was imminent.
"We need a comprehensive regulatory framework so there is consistency and clarity in the way we deal with requests for the posthumous retrieval and use of gametes (male and female reproductive cells), reproductive tissue and embryos," Ms Ferguson said.
"In particular, we believe that new guidelines should address the use of eggs after a woman's death, and that the legality of retrieving gametes from a deceased person should be clear."
New Zealand courts have already had to wrestle with some of the issues. Last year, the High Court was asked to authorise the removal of sperm from a man who had just died suddenly and unexpectedly. The court found it could authorise retrieval and storage of the sperm, but had no jurisdiction to authorise its use.
Yesterday, Acart launched public consultation on the ethical issues which arise from posthumous reproduction; after that it will consider legal issues.
Highlighted topics for discussion included the interests of donors and recipients, the status and rights of ensuing children, consent, spirituality, morality and tikanga Maori.
"Most of us will not have considered whether we would want our gametes to be retrieved or used when we die or if we became permanently incapacitated so that we are unable to make decisions," Ms Ferguson said.
"Decisions about retrieving gametes shortly before or after death usually need to be made as a matter of urgency to ensure the gametes are viable . . . for surviving partners and family members, it is a time of great emotional distress."
