Category: Posthumous Conception Law

The law governing posthumous conception in England and Wales sets out clear legal requirements designed to protect an individual's right to consent to the use of their eggs, sperm or embryos in treatment after their death. Eggs, sperm and embryos represent a special class of reproductive cells. They are very private and intimate, representing unique reproductive building blocks in human conception and an individual's genetic legacy. As such, the law is designed to prevent the unauthorised use of a person's gametes (or embryos comprising these) in treatment without their specific consent in life and after death. However, the prescriptive legal framework governing posthumous conception is not without its challenges in real life. What can be done to overcome these challenges?