ABSTRACT
The possibilities of posthumous reproduction pose fundamental questions about the significance of reproductive material, the meaning of autonomy in the context of reproductive decision-making, and the balancing of interests between the living and the dead. The legal regulation of posthumous reproduction obviously varies around Australia. In the search for an adequate decision-making framework for posthumous reproduction, it is necessary to conceptualise the nature of the interest that individuals have in their reproductive material. In terms of posthumous reproduction, there are two separate issues to be considered. Where the deceased has clearly indicated that he objects to his sperm being used posthumously, there is no countervailing interest of the widow that overrules this. The posthumous use of sperm is not the same as posthumous use of non-reproductive tissue such as a kidney. In addition, a relational analysis of posthumous reproduction requires consideration of the relationship between the widow and the deceased.
