Ethics committee rules woman can't use dead partner's sperm to get pregnant

A woman is not allowed to use the stored sperm of her dead partner to get pregnant.

An ethics committee has ruled that a woman cannot use her dead partner's sperm to get pregnant.

The case was heard by New Zealand's Ethics Committee on Assisted Reproductive Technology, which said it was not satisfied the man had given his consent before he died.

The man stored his sperm 10 years ago and there was evidence from the time that he'd requested it be disposed of in the event of his death, ECART's published decision said.

But his partner, whose identity and location wasn't disclosed, said in her application to use the sperm that the man's wishes had been superseded based on recent discussions the couple had had.

"The applicant says that in the 18 months prior to his death, they talked about having children and she also engaged with clinic services to assess her chances of conceiving with her gametes [eggs]," the woman's application said.

"She stated they agreed they would try to conceive naturally first before considering using the option of his stored sperm. She recalls a conversation they had not long before his death when the possibility of her using his sperm in the event he died was raised by her. She describes this as a poignant moment in retrospect as he agreed to her using the stored sperm."

The woman had a number of consultations with a fertility services provider in the months prior to his death, the decision said.

"The notes taken at the time reflect that she was aware of his stored material collected prior to medical treatment but was wanting to assess her fertility and options for preserving that at the time until they were both ready to commit to starting a family."

Notes from a consultation after the man died did not reference the conversation the couple had about her using the sperm in the event of his death.

"Notes from counselling sessions also note honest discussions between the counsellor and the applicant prior to the donor's death about his hesitancy in starting a family with her and a recent change of heart to commit to this with her," the ruling said.

Notes from another session after his death did not detail any discussion around the initial consent or follow-up conversations.

A letter from the applicant's long-standing counsellor stated that in her view, the woman had given an honest account of the couple's plans to have children together.

The man's parents were also supportive of his partner using the stored sperm, the decision said.

"The sole question for ECART is whether it considers the man gave informed consent to posthumous use of his stored sperm. ECART considers that there is a distinction between a person wanting to have children in the context of a relationship and agreeing and planning that, and the posthumous use of gametes.

"ECART agreed that since the original consent was given, there has been a significant change in circumstances as he was in a committed relationship with the applicant and was considering starting a family with her."

It noted that new guidelines stated that among the criteria it needed to consider was if the applicants had considered and understood the potential social and psychological risks to any resulting children.

The committee agreed that the applicant's account of their conversation prior to his death would not meet the criteria for evidence of valid consent and declined her application.