What are the legal issues for young boys undergoing fertility preservation?
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Gregory Dolin, M.D., J.D. John M. Olin Fellow in Law
Oncofertility Consortium
Feinberg School of Medicine, Northwestern University
Generally, parents should be able to consent to these procedures. It’s easier to justify them, in some ways, in case of boys than girls for a couple of reasons. One, in order for the boys to bank their sperm, the boy does need to be a pubescent simply because as a physical matter, sperm is not produced until pubescence. And so, as you can imagine, a boy who’s pubescent, he's usually about 11, 12 at least, he is sufficiently capable if not a very mature understanding of if he should have or not having children. He is sufficiently mentally capable of at least discussing it on some sort of very basic level. Secondly, generally speaking, banking sperm is not an invasive procedure, so the real risk involved to that extent, if any, is very, very minimal. And so, a lot of these questions and problems about weighing the risk, acting in the best interest of the child, really don’t arise that much with boys because (a) they can in some ways express their own wishes, and (b) even if we could presume that those wishes could be overridden, really not much harm comes to the boy who is made to bank his sperm.
