From scalpel to statute: IVG’s impact on invasiveness and gender parity in posthumous conception

If in vitro gametogenesis (IVG), the derivation of eggs or sperm from somatic tissue, is successfully applied to humans, it could reshape UK reproductive law. In particular, IVG could transform the legal and ethical landscape for posthumous conception by expanding the availability of gametes beyond the constraints of time and traditional gamete retrieval methods. This article advances three claims with respect to IVG’s potential impact on posthumous conception. First, IVG could undermine ‘invasiveness’ based ethical objections to posthumous gamete retrieval. Secondly, by avoiding ovarian stimulation and surgical retrieval, IVG could narrow gender disparities in the gametes available for posthumous use. Thirdly, because IVG-derived material does not currently fall within the definition of ‘permitted’ gametes under the UK’s Human Fertilization and Embryology Act 1990, UK clinics will remain barred from using them in treatment absent statutory reforms. In practice, IVG could therefore expand gamete procurement and storage with requests for clinical use proceeding by export rather than domestic treatment. The arguments put forward throughout are based on IVG advancing in line with current expectations. The conclusions do not presuppose that IVG is imminent but rather are made considering the technology’s potential realization and the prospective consequences for posthumous conception.