McGovern, Claire (2022) Reproduction After Death: The Legal and Ethical Challenges in the Regulation of Posthumous Conception in Ireland. PhD thesis, National University of Ireland Maynooth.

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Abstract

This thesis identifies and examines the legal and ethical challenges which surround the regulation of posthumous conception in Ireland. Proposals for regulating posthumous conception have been outlined by the Irish Government in the General Scheme of the Assisted Human Reproduction Bill 2017. However, there has been no indication to date on when this Bill will progress through the legislative process. Thus, posthumous conception remains unregulated in Ireland and this presents a clean slate upon which a scheme of regulation may be built. Against this backdrop, this thesis is based on answering three research questions regarding the regulation of posthumous conception in Ireland. First, this study investigates whether posthumous conception ought to be regulated at first instance, or whether the practice should simply be banned in Ireland. In addition, it considers whether a degree of consent should be used when regulating posthumous conception. Furthermore, this research critically examines the existing regulation of posthumous conception in various jurisdictions and identifies the primary issues which cases of posthumous conception pose for courts in practice. In doing so, this research identifies the gaps in current regulatory regimes, with a view to ascertaining what Ireland can learn from these existing policies. Ultimately, this research reconsiders the proposals for regulating posthumous conception in Ireland as outlined under the General Scheme of the Assisted Human Reproduction Bill 2017, and makes several recommendations for how the Bill can be improved. This thesis concludes that posthumous conception should be regulated in Ireland and should be permitted by law. In addition, it argues in favour of using a presumed consent model when regulating the practice in Ireland, and further demonstrates how any potential harms caused by posthumous conception can be minimised through effective regulation.

Item Type:	Thesis (PhD)
Keywords:	Reproduction; Death; Legal; Ethical; Challenges; Posthumous Conception; Ireland;
Academic Unit:	Faculty of Social Sciences > Law
Item ID:	16913
Depositing User:	IR eTheses
Date Deposited:	03 Feb 2023 15:51
URI:
Use Licence:	This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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