Lipshultz and his colleagues recently published a study suggesting that, despite common assumptions, most men would agree to reproduce after death. The study found that 85 percent of men visiting a sperm bank provided consent for postmortem sperm use. Men in relationships, and those who were already fathers, were more likely to consent to postmortem use, according to the findings.
Another issue that must be considered in PMSR requests is the motivation of the requesting party. Experts say the grieving family members may not be able to make rational decisions under the circumstances. This has led the experts to recommend a mandatory waiting time of a few months to one year before using the retrieved sperm for conception, Lipshultz said.
Caplan noted that there are also ethical concerns that come with denying a request for PMSR. For example, "it would be limiting family wishes to continue their lineage, and the concern that outsiders should not determine who can reproduce," he said.
PMSR is currently illegal in France, Germany, Sweden and other countries, even with written consent from the deceased. In the United Kingdom, it can be done if there is written consent, and in Israel, the sperm can be retrieved, but then a judge has to decide whether it can be used.