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No one can give consent on behalf of an incompetent adult patient
EDITOR,--The case of the widow who was refused permission to use her dead husband's sperm continues to be the subject of passionate debate in the press.1 The husband did not consent in writing to the use of his sperm after his death, and this is a specified requirement under the Human Fertilisation and Embryology Act 1990. The Human Fertilisation and Embryology Authority had no option but to act according to the statute, and this was confirmed by the High Court. What about the doctors who obtained the sperm from the husband when he was unconscious and on a life support machine? There is no doubt that they acted in good faith and with compassion, but did they act lawfully or wisely?
The legal position was determined in the case of Re F in 1990, when it was stated that in the case of unconscious or incompetent adults a doctor will
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BMJ 1996 313: 1351.[Extract] [Full Text]
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