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Should a woman be able to use a deceased man's sperm...?

Posted by on Feb. 18, 2014 at 12:49 PM
  • 67 Replies
I have no idea what the laws are for this hypothetical situation.

Say a man and a woman are planning a baby via IVF. The man's sperm are frozen, and he dies before insemination. Should his wife be able to go ahead and use his sperm after his death?
by on Feb. 18, 2014 at 12:49 PM
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Replies (1-10):
mikiemom
by Ruby Member on Feb. 18, 2014 at 12:53 PM
4 moms liked this

Yes only if express written permission was given before death.

supermonstermom
by on Feb. 18, 2014 at 12:54 PM

Sure, why not?


TheMommyTaxi
by on Feb. 18, 2014 at 12:55 PM

If they were married, certainly.  It was something they planned and saved the sperm for.  If they were dating, not sure, since that can't really survive after death.  If they were divorced, no.

tanyainmizzou
by on Feb. 18, 2014 at 12:56 PM
2 moms liked this

Not if she wants to claim SSI for the kid.

Chelsey191
by Member on Feb. 18, 2014 at 12:56 PM
Yes, but I believe when donating the sperm he should have to sign consent for it.
FromAtoZ
by AllieCat on Feb. 18, 2014 at 12:58 PM

If there is permission from the deceased that cannot legally be disputed.

mikiemom
by Ruby Member on Feb. 18, 2014 at 12:59 PM

 Why not if he paid into Social Security? If he didn't pay into the system then no.

Quoting tanyainmizzou:

Not if she wants to claim SSI for the kid.

 

TheMommyTaxi
by on Feb. 18, 2014 at 1:01 PM
1 mom liked this

Why should there be a secondary consent?  When they start the ivf process, don't they sign off on all the forms then?  The wife would have exclusive use of it while he is alive, that is what their plan is for.  Why not after he is dead? If he didn't want a child, he shouldn't have used the cup...

tanyainmizzou
by on Feb. 18, 2014 at 1:07 PM
1 mom liked this
Because he isn't there to decide to create that child.

Quoting mikiemom:

 Why not if he paid into Social Security? If he didn't pay into the system then no.


Quoting tanyainmizzou:

Not if she wants to claim SSI for the kid.


 

FromAtoZ
by AllieCat on Feb. 18, 2014 at 1:11 PM
2 moms liked this


Quoting tanyainmizzou: Because he isn't there to decide to create that child.

Quoting mikiemom:

 Why not if he paid into Social Security? If he didn't pay into the system then no.


Quoting tanyainmizzou:

Not if she wants to claim SSI for the kid.



I would think that if the man's sperm is frozen he absolutely had intent to create a child.  

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