The legal and ethical implications of posthumous reproduction in Kenya

Abstract

This article keenly examines the complex moral, ethical and legal concerns that have arisen as a result of posthumous assisted reproduction (PAR) questions such as what constitutes informed consent, and whether it is ethical to retrieve spermatozoa from patients who are in a coma or dead are considered. Legal issues such as whether gametes can be considered as property. There is also the need to clarify the legal meaning of paternity in relation to children born in posthumous reproduction circumstances. The need to respect and honour the wishes of the deceased donor and the most important of them all is protection of the interests of the unborn child are outlined. The intention of the gestating woman should also be made clear; sometimes the desire of undergoing a posthumous assisted reproduction may arise due to the grieving process. This article asserts the need of recognising the legal and social status of the child and the written consent of the deceased donor.