Introduction to the Right to Procreate and Assisted Reproductive Technologies

This chapter briefly discusses the right to procreate and related technological assistance. The right to procreate is one of the most important personal rights, and it has received widespread recognition under the law. Yet its protections can be tenuous for many people, particularly those who are poor and those who need assisted reproductive technologies (ARTs) to have children. This chapter highlights the complications arising from the right to procreate with technological assistance. Of all the areas of health law and bioethics, this may be the one with the largest disagreements across countries. On whether (and under what conditions) to permit surrogacy, anonymous gamete donation, pre-embryo disposition agreements, and posthumous reproduction, to name but a few examples, there are sharp divergences among, and even within, countries (in the United States, much of this is committed to state not federal law).

From the Grave to the Cradle: Looking for Answers to the Question of Consent to Reproduce Posthumously in New Zealand

In New Zealand, posthumous reproduction is regulated by the Human Assisted Reproductive Technology Act 2004 (HART Act), which established two bodies, the Advisory Committee on Assisted Reproductive Technology (ACART) and the Ethics Committee on Assisted Reproductive Technology (ECART). In 2000, the predecessor of ECART, the National Ethics Committee on Assisted Human Reproduction (NECAHR), issued "Guidelines for the Storage, Use, and Disposal of Sperm from a Deceased Man" designed to provide a legal framework for this technology. However, a recent application to the High Court by the partner of a man who unexpectedly died, requesting permission to have sperm retrieved from the deceased and the subsequent judgment handed down by the High Court in 2017, have highlighted the shortcomings of the current posthumous reproduction regulations. This has led to a recent consultation process by ACART to review and revise the guidelines. Relying on Re Lee, the landmark judgment of the High Court that found in favour of granting the permission sought and which sheds light on the legal aspects of posthumous reproduction in New Zealand, the current article discusses the approach endorsed by the HART Act regarding consent for posthumous retrieval and use of gametes.