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Subj : Posthumous sperm retrieval guidelines
From : Peter N. Schlegel, M.D. pnschleg@mail.med.cornell.edu

Based on the initial requests, we have established guidelines and considerations that were formulated by a panel of ethical, reproductive, legal, administrative and psychologic experts. The three areas of major concern addressed were :

Consent - which is usually implied consent, as for organ donation, although some localities e.g., NY State have proposed that only written consent prior to death should be required. At our center, we have only allowed a wife to provide consent (the intended recipient of sperm for conception) and only in cases where there is evidence of intent to conceive prior to death.

Medical issues: Ability to screen for infectious diseases, survivability of sperm, availability of freezing facility.

Psychologic issues : We require quarantine of sperm for at least one year with appropriate counselling prior to use of  sperm for assisted conception. The one year period of time estimates the duration of the first phase of grieving.

Several important points from our experience :

The wives requesting this service are in a distressed state of mind and rigorously interested in pursuing this course of potential conception, despite the fact that almost all will change their minds and (probably appropriately) consider other options for having children within one year.

It is important to separate sperm retrieval from commitment to use the sperm for conception.

Use of an IVF center to store the sperm may provide an implied consent to use the sperm for conception at that center. (The Cornell-IVF center has never approved use of sperm posthumously, although cases are considered on an individual basis so sperm are stored at outside, commercial laboratories in such cases.)

Our first request for service came from the NY City Morgue but, their legal people could not come up with an appropriate consent form except for organ donation consents. Obviously, sperm donation for conception has very different implications than organ donation.

The ASRM guidelines are too vague to be helpful. In the absence of legal statutes, we recommend local establishment of guidelines.

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