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Feminism: Sex and gender discussions

Surrogacy for deceased egg or sperm

58 replies

poshme · 25/08/2020 08:50

In the news there are reports about a person in Scotland who wants to use the sperm of a deceased family member to make a baby using a surrogate.

They are going to go to court to get the right to keep the sperm. They say their sadly deceased child wanted to be a parent and they are just following their wishes.

Surely the courts must say no? Surely unless there have been specific directions left, human tissue from someone should not be used after their death to create a baby?

Grief is awful, but I can't believe this should be allowed.

Do google the case. It's in Times & telegraph.

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Thehollyandtheirony · 27/08/2020 15:26

It’s really creepy. The mother needs counselling.
To intentionally create a child with no parents (after being snatched away from its mother) would be an incredibly selfish act.

PermaStress · 26/08/2020 17:41

I think this is an awful case. I feel very sorry for the deceased 16 year old.

I don't think that a child should be able to consent to the creation of their offspring after their death.

The man in the other case had a long term partner, i think it was well documented that it was clearly his wishes and, yes, didn't involve egg donors or a surrogate.

Viviennemary · 26/08/2020 17:21

It's horrific.

MichelleofzeResistance · 26/08/2020 17:19

Poor woman indeed. Its wholly understandable, she's devastated, her future's just been destroyed, she must be desperate to retain any link to her child. But ethically this really shouldn't be allowed for all the reasons mentioned above, in particular the rights of the human she wants to create. Who will be born an orphan, created to meet the needs of an adult, using and losing at least one birth/biological mother in the process and possibly two so created via intentional grief and loss for that child which is placed a very low second to the needs of the adult commissioning that child.

And the whole commissioning thing - that this is even something talked about as normal is awful. There have to be limits placed strongly around situations like these, with the focus always being the best interests and human rights of the human being created: the child's interests and needs must always trump the adult's.

It's one of the many reasons it is so important to sort out now the slow growing potential muddle around individual emotional needs and wellbeing, personal freedom of choice and diversity becoming a greater priority than medical and legal ethics, policy, medical standards and processes, and the balance of all needs and rights of everyone involved. And the precedents being set.

SignOnTheWindow · 26/08/2020 16:44

I feel terribly, terribly sorry for that mother. No doubt it feels like the last link to her child is about to be destroyed.

But legally and morally she is on very, very dodgy ground.

Poor woman Sad

BlackeyedSusan · 26/08/2020 16:10

I really really understand the biological urge to have a child/ grandchild.

I don't think the person is thinking clearly due to their grief. It is not a situation you want to bring a child into. IE no parents.

FizzyGreenWater · 26/08/2020 14:44

I think (and hope) they will rule against her.

The Diane Blood case was on the fringe and a lot of people were unhappy about the decision there.

This is far more clear-cut - the notion that you have the right to create a grandchild? Nuts.

ThousandsAreSailing · 26/08/2020 14:33

I could never understand how the court came to that decision in the Diane Blood case. Didn't she have his consent written on a bit of tissueConfused do, incredibly, they randomly had a conversation and he consented before tragedy struck
I don't agree with extracting sperm or eggs from any dead/dying person regardless of their consent or not. The decision should be made based on the best interests of the unborn child not a dead person or a grieving family member

DidoLamenting · 26/08/2020 14:33

And now the mother wants another child?
Would they automatically be the child's 'parents' when they are not? Won't they have to apply for adoption? Or can they skip this part because they have paid for the child via a surrogate?

The law assumes the woman who gives birth is the mother and the commissioning father, if he provided the sperm is the father. It would certainly not assume the grandmother is the parent.

Frazzled13 · 26/08/2020 14:25

Awful idea. What implications would it have? Anyone who froze sperm or eggs, if they die, their parents could access and use them? Because the fact they froze them shows they wanted a child?

sallyshirt · 26/08/2020 14:15

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sallyshirt · 26/08/2020 14:11

The whole thing is gross.

The world is a fucked up place!

Shame on the solictors/barristers taking on the case, I pray that it fails.

I believe no one is entitled to take another's body/parts after their death - without permission - no matter how much they want them.

Why can't people use their time/money/energy to try and make the world a better place - not a fucked up dystopia?

buttonhole · 26/08/2020 12:43

Thanks August

PumbaasCucumbas · 26/08/2020 12:33

I just don’t know where this might end... Can anyone claim ownership of gametes of “next of kin” relatives and create offspring from deceased people, even years after they passed away?

Sadly I think this goes well beyond honouring someone’s hope to one day have children, when they are not there to parent the child, to decide when it is conceived or who with.

That’s aside from the collateral implications of other women’s risk donating eggs and going through a pregnancy to bring this dream into reality.

August20 · 26/08/2020 12:33

@buttonhole

The child concerned was pursuing male-to-female transition which leads to infertility. At age 14, the child froze sperm in order to preserve the ability to have children eventually.

jay55 · 26/08/2020 12:31

I read the story this morning and it sounded all kinds of wrong.
A fourteen year old storing sperm to take hormones was problematic in the first place, and they were far too young to be able to give a fully informed decision of what should happen to the sperm upon death. Especially as they could not have foreseen such an early death.

I empathise greatly with the mother who has lost their child but creating their grandchild is not the answer.

Palladin · 26/08/2020 12:25

Utterly creepy.

AskDan · 26/08/2020 12:16

It seems like a child born from this sperm would carry a terrible sense of loss.

Would the ,'Scottish Woman' be both Mum and Grandmother to the baby?

It just does not seem like in the best interests of the baby that would be conceived using the deceased child's sperm..

DidoLamenting · 26/08/2020 11:16

@FaffingForEngland

Didn't the Diana Blood case involves a couple rather than a parent? If so, I don't see how it's relevant.

I feel sorry for the bereaved parents, but using the child sperm in this way would be abhorrent.

It involved assuming that consent had been given by Mr Blood to have his sperm manually extracted whilst in a coma and that he wanted a child to be born after his death, when he was in no position to give his consent.
buttonhole · 26/08/2020 11:12

Sorry if this has already been explained but ostensibly why does this sperm exist? For what purpose(s) is it being stored at all?

FaffingForEngland · 26/08/2020 11:01

Didn't the Diana Blood case involves a couple rather than a parent? If so, I don't see how it's relevant.

I feel sorry for the bereaved parents, but using the child sperm in this way would be abhorrent.

theotherfossilsister · 26/08/2020 10:54

Grief makes you insane.

Justhadathought · 26/08/2020 10:45

Is this the case the OP is talking about: www.bbc.co.uk/news/uk-scotland-glasgow-west-53889359?

A Scottish woman is preparing to take legal action to prevent fertility doctors from destroying her transgender daughter's frozen sperm.

I do wonder what caused the child's death. It says the verdict was "un-ascertained"

FizzyGreenWater · 26/08/2020 09:41

Just awful.

This is about the mother's grief.

Also, the reason the child had their sperm extracted was because they were going to go ahead with gender reassigment as had decided they were transgender. That in itself isn't relevant, but the fact is that if they had not been intending to do that, the sperm wouldn't have been extracted and wouldn't be there in the first place for the mother to potentially access.

It ISN'T that this child wanted their sperm preserved right now at a young age SPECIFICALLY so that should they die a child could be created. It was because otherwise they themselves wouldn't be able to have a biological child.

So that has muddied the waters here. In any other circumstances, this wouldn't be an option for the mother, to 'create' the grandchild she might one day have met. It should also not be an option here.

peachsquish · 26/08/2020 09:24

Feel for the mother but think its heading closer to the creation of Maisie Lockwood in Jurassic Fallen Kingdom than her childs wish to have a child.
It would feel more normal if it had been 2 people in a committed relationship with clear and developed plans to have children together and the male sadly died.

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