The ethics of non-partner requests for posthumous assisted reproduction

After the death of a loved one, family will occasionally request posthumous assisted reproduction (PAR). Professional medical societies in the US and Europe oppose such requests without written consent except from the surviving partner with whom the deceased presumably shared a joint reproductive project. Here, however, we argue that joint reproductive projects are not limited to two-person romantic partners and therefore ethical policies should not be either. In other words, we argue the criterion of being in a romantic partnership with the decedent is biased and unjustly excludes certain family formations. We begin by describing the professional society guidelines to highlight how they presume a two-person romantic couple is the ideal basis for reproductive projects and families. Then, we discuss examples of alternative parental projects, noting that they are usually grounded in feminist and queer values. Finally, we respond to potential objections about violating the autonomy of the deceased and conflating reproductive and parental projects. In sum, as long as medical societies continue to uphold a policy whereby romantic partners may seek PAR in the absence of written consent, we believe that these societies must also allow for the potential of family formations that do not fit into the dominant paradigm.