Welcome to Ethics Consult -- an opportunity to discuss, debate (respectfully), and learn together. We select an ethical dilemma in patient care, you vote, and then we present an expert's judgment.
Last week, you voted on the ethics of retrieving a dead man's sperm. Here are the results from over 1,400 votes:
Should a court order the sperm retrieval?
Yes: 681
No: 811
If an emergency court order mandates retrieval, would you be comfortable performing the procedure?
Yes: 840
No: 642
Would your opinion change if the objecting family member was his father?
Yes: 259
No: 1221
And now bioethics scholar Gregory Dolin, MD, JD, weighs in:
This is a very difficult question with no clear answer. Unlike France (where such a procedure is categorically prohibited), or the U.K. (where such procedures require a donor's explicit consent), the U.S. has no clear rules on the matter. Complicating things further, the individual seeking retrieval is not a spouse and so as a legal matter is not next of kin and cannot speak for the deceased. The uncle does appear to be next of kin. At the same time, presumably, the fiancee (assuming no ulterior motives) is more likely to know the current wishes of the deceased and thus is probably a more reliable source as to what the patient would have wanted.
Ultimately, the court will be faced with the decision as to what the true wishes of the patient are. This will be a case-specific inquiry based on the credibility of witnesses (uncle and fiancee), evaluation of how important the faith in question was to the deceased, etc. Given that time is of the essence, it is likely that in order to preserve the status quo, the court would order retrieval, but would postpone the decision on the disposition of sperm thus retrieved until a full hearing or trial may be held.
, is associate professor of law and co-director, Center for Medicine and Law at the University of Baltimore, where he also studies biopharmaceutical patent law. His work includes a number of scholarly articles, presentations, amicus briefs, and congressional testimony.
And check out some of our past Ethics Consult cases: Let Suicidal Cancer Patient Be Duped Into Taking Meds?, Hiding Dx From Elderly Cancer Patient? MD/JD Bangs the Gavel, and Euthanize Resistant Dementia Patient?