In Israel, a court authorised a couple to use their son’s sperm, harvested after his death in a car accident, for IVF involving a surrogate mother to produce their son’s offspring (see authorisation for posthumous sperm retrieval in Israel).
The State of Israel appealed against this decision on the grounds that any child conceived via this process would be a “planned orphan”.
In the meantime, the Israeli Supreme Court passed judgement on a similar case in which parents wanted to use their deceased son’s sperm, harvested before his death, against the wishes of his widow. The State invoked this decision to overturn the previous court’s decision. The Court of Appeal upheld that grandparents have no rights over unborn children.
The grandparents are preparing to submit an appeal to the Supreme Court.