Posthumous Reproduction and the Presumption Against Consent in Cases of Death Caused by Sudden Trauma
Creator
Collins, Rebecca
Bibliographic Citation
Journal of Medicine and Philosophy 2005 August; 30(4): 431-442
Abstract
The deceased's prior consent to posthumous reproduction is a common requirement in many common law jurisdictions. This paper critically evaluates four arguments advanced to justify the presumption against consent. It is argued that, in situations where death is caused by sudden trauma, not only is there inadequate justification for the presumption against consent, but there are good reasons to reverse the presumption. The article concludes that the precondition of prior consent may be inappropriate in these situations.
Date
2005-08Collections
Metadata
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