Who has rights over the genetic material of the deceased?

Question

(This stems from another post.)

Your son died before he could marry his fiancé. The body is fresh enough that sperm can be harvested, and the fiancé, you and the son wanted to have grandchildren/children at some point.

Who should have authority of the sperm of the deceased man, if anyone, to allow it's usage?

Comment question: Should someone within a family die, who should be able to use the genetic material if any is salvaged? Or should anyone use it at all?

Answer

Next of kin. Mother and father i
Is unmarried, spouse if married. Ultimately I believe it should be discussed prior to death and that family upholds the decision.

Answer

No one unless it was agreed upon (in a legal manner) before his death.

Answer

Whoever the son designated to be in charge of medical decisions.  If he didn't designate, I think it needs to default to his parents if he's not married yet.

Answer

Only if it's written in his will as something that can be done

Answer

I am a licensed funeral director. The answer is the next of kin would have the say so. A funeral home could not just 'harvest' sperm. A private autopsy would have to be paid for which is extremely expensive for any organ removal or sperm removal if any sperm could be recovered. DNA could be recovered though.

Answer

If he didn't designate a power of attorney then it should be his parents, because he isn't married. If you are uncomfortable with your parents having this responsibility then I suggest you go out and officially designate your S/O to be the power of attorney.

Answer

No one. I wouldn't want anyone harvesting my eggs after I die, I don't want kids running around with my DNA if I'm not here to see them. Unless it's specified in a will of some sort, no one should have any rights to any part of the deceased's body.

Answer

No one can take a heart, liver or kidney from a dead person without consent, why would sperm be any different?

Answer

Not unless it was discussed before the death and he agreed to it.

Answer

The parents I think, assuming they are the legal next of kin but then there can be all sorts of family issues like the parents disliking the fiancé for no reason etc. Maybe if it can be proven that they were going to start a family then it should be up to the fiancé as the fact they were engaged shows the intention to marry and settle down with that person. The more I think it the more I should have voted for the fiancé 😕 I actually change my mind, my final answer is the fiancé 😂😂😂

Who has rights over the genetic material of the deceased?

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