Part I of this Comment lays a historical foundation of the gradual development of case law dealing with reproductive rights as they relate to postmortem conception and discusses uniform laws that have partially addressed the issue of PMSR. Part II explains more specifically the difficulties facing the legal community due to the lack of precedent on the topic and lack of legislation; it also delves into the problems of construing postmortem intent and how that uncertainty affects PMSR from the outset. The first three subparts of Part III discuss the public policy arguments against PMSR, while the fourth subpart takes a look into how society views it. The final two subparts of Part III present arguments for why PMSR should not be banned and suggest the implementation of a “Statute of Formalities” to address the problems surrounding PMSR.
Devon D. Williams, Over My Dead Body: The Legal Nightmare and Medical Phenomenon of Posthumous Conception Through Postmortem Sperm Retrieval, 34 Campbell L. Rev. 181 (2011).