Posthumous retrieval and use of gametes or embryos: an Ethics Committee opinion

Ethics Committee of the American Society for Reproductive Medicine

doi:10.1016/j.fertnstert.2018.04.002

Fertility and sterility, 2018

Posthumous retrieval and use of gametes or embryos: an Ethics Committee opinion

Ethics Committee of the American Society for Reproductive Medicine

Committee members: Judith Daar, Jean Benward, Lee Collins, Joseph Davis , Owen Davis, Leslie Francis, Elena Gates, Elizabeth Ginsburg, Sigal Klipstein, Barbara Koenig, Andrew La Barbera, Laurence McCullough, Richard Paulson, Richard Reindollar, Ginny Ryan, Mark Sauer, Rebecca Sokol, Sean Tipton, Lynn Westphal

DOI 10.1016/j.fertnstert.2018.04.002 PMID 29908779

RRM Academy Synopsis

The ASRM Ethics Committee's Position

“In the absence of written documentation from the decedent, programs open to considering requests for posthumous use of embryos or gametes should only do so when such requests are initiated by the surviving spouse or partner.”

Quoted verbatim from this paper.

Our editorial summary of this paper, not the article's abstract.

Abstract

Posthumous gamete (sperm or oocyte) retrieval or use for reproductive purposes is ethically justifiable if written documentation from the deceased authorizing the procedure is available. Retrieval of sperm or eggs does not commit a center to their later use for reproduction, but may be permissible under the circumstances outlined in this opinion. Embryo use is also justifiable with such documentation. In the absence of written documentation from the decedent, programs open to considering requests for posthumous use of embryos or gametes should only do so when such requests are initiated by the surviving spouse or partner. This document replaces the report of the same name, last published in 2012.

Topics

Ethics and Policy: Reproductive Ethics ART Ethics
Clinical Guidelines and Standards: Guidelines by Issuing Body United States Professional Societies

Judith Daar, Jean Benward, Lee Collins, Joseph Davis, Owen Davis, Leslie Francis, Elena Gates, Elizabeth Ginsburg, Sigal Klipstein, Barbara Koenig, Andrew La Barbera, Laurence McCullough, Richard Paulson, Richard Reindollar, Ginny Ryan, Mark Sauer, Rebecca Sokol, Sean Tipton, Lynn Westphal, 0000-0003-0284-2845

J Daar, J Benward, L Collins, Joe Davis, Joey Davis, J Davis, O Davis, L Francis, E Gates, Liz Ginsburg, Beth Ginsburg, Betsy Ginsburg, E Ginsburg, S Klipstein, Barb Koenig, B Koenig, Andy Barbera, Drew Barbera, A Barbera, Larry McCullough, L McCullough, Rick Paulson, Dick Paulson, Rich Paulson, R Paulson, Rick Reindollar, Dick Reindollar, Rich Reindollar, R Reindollar, G Ryan, M Sauer, Becky Sokol, R Sokol, S Tipton, L Westphal

PMID 29908779 29908779 DOI 10.1016/j.fertnstert.2018.04.002 10.1016/j.fertnstert.2018.04.002 Ethics Committee of the American Society for Reproductive Medicine et al. 2018, Ethics Committee of the American Society for Reproductive Medicine 2018

Cite this article

Ethics Committee of the American Society for Reproductive Medicine (2018). Posthumous retrieval and use of gametes or embryos: an Ethics Committee opinion. Fertility and sterility. https://doi.org/10.1016/j.fertnstert.2018.04.002

Reproductive Ethics · ART Ethics

Procreation after death or mental incompetence: medical advance or technology gone awry?

Ohl DA et al., 1996 Fertil Steril

To review our experience with semen retrieval in men who are incompetent or dead and to formulate general medical, legal, and ethical guidelines for practitioners. Case series and literature review. Academic. PATIENT(S): Seven incompetent or neurologically dead individuals in whom sperm retrieval was requested. INTERVENTION(S): Electroejaculation. RESULT(S): Seminal emission was induced in the two men who underwent electroejaculation. Sperm suitable for cryopreservation was obtained in one of these men. Review of the legal and ethical implications of such procedures led to development of general guidelines for determining whether gamete retrieval should be performed when requested. Issues of procreational autonomy, consideration of the decedent's wishes, and assurance of the well-being of any new life created were considered most strongly in the formation of these guidelines. CONCLUSION(S): Although the retrieval of sperm from deceased or incompetent individuals may be achieved readily, it is incumbent upon the practitioner to consider the legal and moral implications of these procedures before proceeding.

Reproductive Ethics · ART Ethics

Disposition of unclaimed embryos: an Ethics Committee opinion

Ethics Committee of the American Society for Reproductive Medicine, 2021 Fertility and sterility

Programs should create and enforce written policies addressing the designation, retention, and disposal of unclaimed embryos. In the absence of program-specific policies, it is ethically permissible for a program or facility to consider embryos to have been unclaimed if a reasonable period of time has passed since contact with an individual or couple; efforts as outlined in the consent form have been made to contact the individual or couple; and no written instructions from the individual or couple with dispositional control exist concerning disposition. In such cases, programs or facilities may dispose of unclaimed embryos by removing them from storage and thawing without transfer. In the absence of specific written instructions, unclaimed embryos may not be donated to others for reproductive use or be used in research. This statement replaces the American Society for Reproductive Medicine Ethics Committee document "Disposition of Abandoned Embryos" published in 2013.

Reproductive Ethics · ART Ethics

Using family members as gamete donors or gestational carriers

Ethics Committee of the American Society for Reproductive Medicine, 2017 Fertility and sterility

The use of adult intrafamilial gamete donors and gestational surrogates is generally ethically acceptable when all participants are fully informed and counseled, but consanguineous arrangements or ones that simulate incestuous unions should be prohibited. Adult child-to-parent arrangements require caution in order to avoid coercion, and parent-to-adult child arrangements are acceptable in limited situations. Programs that choose to participate in intrafamilial arrangements should be prepared to spend additional time counseling participants and ensuring that they have made free, informed decisions. This document replaces the document of the same name, last published in 2012 (Fertil Steril 2012;98:797-803).

Reproductive Ethics · ART Ethics

Defining embryo donation: an Ethics Committee opinion

Ethics Committee of the American Society for Reproductive Medicine, 2016 Fertility and sterility

Building families through the adoption of children has been supported by human society throughout history. The ethical appropriateness of patients donating embryos to other patients for family building, or for research, is well established and is affirmed by this Committee. The use of the term ''adoption'' for embryos is inaccurate and should be avoided. This document replaces the ASRM Ethics Committee statement by the same name, last published in 2013 (Fertil Steril 2013;99:1846-7).

Posthumous retrieval and use of gametes or embryos: an Ethics Committee opinion

The ASRM Ethics Committee's Position

Abstract

Topics

Cite this article

Related articles

Procreation after death or mental incompetence: medical advance or technology gone awry?

Disposition of unclaimed embryos: an Ethics Committee opinion

Using family members as gamete donors or gestational carriers

Defining embryo donation: an Ethics Committee opinion