Question of the day

The rules of post-humous baby-making are only now being written, but it’s a dicey undertaking because individual situations vary so widely. It’s not uncommon for soldiers on the brink of a dangerous deployment to freeze sperm so that their wives can have a child should they die. And patients diagnosed with cancer are increasingly turning to fertility preservation to ensure they can become parents. But what happens when the patient dies, as in the California case in which the husband froze sperm prior to cancer treatment and indicated his desire for his wife to bear his child? And how to rule on the Israeli grandparents’ quest for a grandchild from their son who was injured last year and died after two weeks in a coma?

“That’s much less straightforward,” says Theresa Erickson, the San Diego attorney for the pregnant California woman. “Creating a grandchild is much different than creating a child. Imagine what the child will think: My dad’s dead and he never even knew I existed. It’s a pretty sticky ethical and moral dilemma.”