Title: The legal and ethical implications of posthumous reproduction in Kenya

Authors: Michael Wabomba Masinde; Metrine Jepchirchir Kurutto; Joy Naliaka Masinde

Addresses: Moi University -School of Law, P.O. Box 3900-30100, Eldoret, Kenya ' Moi University-School of Arts, P.O. Box 3900-30100, Eldoret, Kenya ' Egerton University-School of Health Sciences, P.O Box 536, Egerton, Kenya

Abstract: This article keenly examines the complex moral, ethical and legal concerns that have arisen as a result of posthumous assisted reproduction (PAR) questions such as what constitutes informed consent, and whether it is ethical to retrieve spermatozoa from patients who are in a coma or dead are considered. Legal issues such as whether gametes can be considered as property. There is also the need to clarify the legal meaning of paternity in relation to children born in posthumous reproduction circumstances. The need to respect and honour the wishes of the deceased donor and the most important of them all is protection of the interests of the unborn child are outlined. The intention of the gestating woman should also be made clear; sometimes the desire of undergoing a posthumous assisted reproduction may arise due to the grieving process. This article asserts the need of recognising the legal and social status of the child and the written consent of the deceased donor.

Keywords: gametes; gamete cryopreservation; embryo; posthumous sperm procurement; conception; posthumous insemination; death; consent; Kenya.

DOI: 10.1504/IJHRCS.2017.088708

International Journal of Human Rights and Constitutional Studies, 2017 Vol.5 No.2, pp.93 - 101

Received: 20 Oct 2016
Accepted: 20 Oct 2016

Published online: 05 Dec 2017 *

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