Swords of Iron War: Posthumous Sperm Retrieval, Preservation and Use

• A medical specialist (either a urologist or a fertility specialist) removes parts of the testicular tissue and transfers them to a nearby laboratory in the In-Vitro Fertilization (IVF) Unit or in the Sperm Bank. 
• In the laboratory, under a special microscope, the tissue is searched for living sperm cells. The sperm cells found or the testicular tissue are transferred for preservation in liquid nitrogen.

• The sooner the retrieval procedure is conducted after death, the greater are the chances of success. 
• The chances of finding moving spermatozoa are significantly greater if the retrieval takes place up to 24 hours from the time of death. 
• It is also possible to cryopreserve non-moving spermatozoa, on the condition that a significant percent of them are living (according to a diagnostic test). 
• There are no documented cases where living sperm cells have been successfully produced from a deceased person more than 72 hours after death.

• The success rates mostly depend on the time that passed from the moment of death and the retrieval of testicular tissue, the conditions in which the deceased was found before the retrieval of the tissue, the quality of the sperm before his death, and the circumstances of his death. 
• In about 75% of all posthumous sperm retrievals performed up to 24 hours from the moment of death, it is possible to find living sperm cells suitable for cryopreservation. 
• Future use of posthumously retrieved sperm will necessitate in-vitro fertilization (IVF). In these cases, the rates of fertilization, pregnancies and births achieved are significantly lower compared to cases of use of the sperm produced during the man's lifetime.

• The deceased's widow or regular partner does not usually have to submit a request to court, unless one or more of the deceased's relatives object to the procedure. A family court approval petition would be required in this instance.
• A family court must receive a request for approval from the deceased's parents or any other surviving family member.

Hospitals have been directed to grant requests for posthumous sperm retrieval from the parents of the deceased throughout the Swords of Iron War, and for as long as there is a war, without referring them to a family court, provided that they understand that doing so may make it impossible to retrieve sperm given the amount of time that has passed since the deceased's passing, with the exception of situations in which the deceased's spouse or any other family member objects to the posthumous sperm retrieval or if the parents disagree.

• In accordance with the guidance by the Attorney General of Israel, the use of posthumously-retrieved sperm requires the approval of a family court. The family court shall review the deceased's wishes for progeny in light of the principle of respecting the deceased's will and a person's right over his body. 
• In case of a request submitted by the woman who was the deceased's regular partner at the time of his death, it is reasonable to assume that the production of progeny from his partner, even if posthumously, is consistent with the deceased's will. The assumption shall remain effective as long as there are no indications that the deceased would have objected to this. 
• In case of a request submitted by the deceased's parents, as at today, it is only possible to use the sperm if it can be proven that this was the deceased's will, and subject to the court's approval. Only a woman who is not related to the deceased may use the sperm, conceive, give birth and be the child's mother for all intents and purposes. 
• If the deceased has objected to the posthumous use of his sperm, the use of his sperm will not be approved.  

Over the last few months, the Knesset's Health Committee discussed the "Motion for the Use of a Deceased Person's Sperm for Purposes of Progeny", having been approved on preliminary reading. The approval of the law may change the guidelines listed above. 

•  In case of soldiers or police officers may contact the casualties' officer in the organization.
• Relatives of the casualties of the Swords of Iron War may contact the coordinator of the Ministry of Health's War Room at 02-5081673.
• In any other case, please contact a medical facility directly, or the In-Vitro Fertilization (IVF) Unit or the Sperm Bank, with a request to approve the procedure.