Surrogacy for deceased egg or sperm

[poshme]

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.

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 tissue 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

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.

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.

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

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.

It's horrific.

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.

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.