Ethical analysis of European Court of Human Rights fertility preservation cases from 2000 to 2025.

BACKGROUND

Fertility preservation helps individuals to retain reproductive potential. Linked to human rights, it can raise complex issues before the European Court of Human Rights (ECtHR). This research aims to ethically analyse ECtHR fertility preservation cases.

METHODS

Fertility preservation cases from the ECtHR (2000-2025) were searched in the Human Rights Documentation (HUDOC) database. Three cases were identified. As a team with ethics expertise, we analysed the cases using the four principles of bioethics.

RESULTS

The principle of autonomy highlighted the complexity of posthumous reproduction even with explicit consent. Challenges in balancing the child's welfare with other parties' interests were revealed. Social Justice focused on equal treatment and fair access.

CONCLUSION

The cases focused on diverse aspects of informed consent while underscoring the importance of the informational content. Ethical challenges related to the background of diverse national laws demonstrate the need for unified legislation and highlight the potential role that clinical ethics consultations can play where laws are absent or unclear.