Posthumous Conception in Australia – Legal and Ethical Considerations.

This presentation delves into the intricate legal and ethical considerations surrounding posthumous reproduction in Australia, emphasizing the complexity introduced by recent advancements in Artificial Reproduction Technology (ART). Highlighting a case study of sperm extraction after an unexpected death, it examines the varied regulatory frameworks across Australian states, the conditions under the Human Tissue Act 1982 (Vic), and the Assisted Reproductive Treatment Act (Vic) 2008. Furthermore, it discusses the NHMRC guidelines applicable in unregulated states, common law precedents, the rights and welfare of the deceased and potential child, and the ethical implications of reproductive autonomy post-death.

Associate Professor Alex Polyakov is an Obstetrician, Gynaecologist, and Fertility specialist in Melbourne. He graduated from the University of Adelaide in 2000. While undertaking specialist training in O&G, Alex completed a Master of Clinical Epidemiology, specialising in biostatistics, and a Master of Reproductive Medicine, as well as a Graduate Certificate in Evidence-Based Medicine. He Graduated with a Master of Health Law from the University of Melbourne Law School in 2020 and a Master of Bioethics from Monash University in 2023. In addition to being in private practice, Alex is a senior consultant at the Royal Women’s Hospital. He also holds an appointment as an Associate Professor at the University of Melbourne Medical School. He is Medical Director of Genea Fertility Melbourne. His research interests include evidence-based practice, as it relates to fertility treatments, as well as ethical and medico-legal aspects of women’s health.

This presentation is part of the seminar series hosted by the Reproduction in Society research group at the Monash Bioethics Centre. The purpose of this series is to share research and expertise on, as well as experience with, the social, ethical, and regulatory issues raised by new practices and emerging technologies in reproductive biomedicine.