We can now use cells from dead people to create new life. But who gets to decide?

Peter's parents told a court that they wanted to use sperm to have children that would be related to him. Peter's sperm was stored in a local sperm bank after the court approved his wishes.

We have the ability to use dead people's sperm and eggs to make babies. There are millions of eggs and embryos stored and ready to be used. Who will decide what to do with the cells when Peter dies?

The question was posed at an online event held by the Progress Educational Trust, a charity for people with infertility and genetic conditions. There were many tricky questions addressed by a clinician and two lawyers on the panel.

The decision should be made by the person who gave the eggs, sperm or embryo. It is possible that the person's wishes are clear. Someone who might be trying for a baby with their partner may store their sex cells or embryo and sign a form stating that they are happy for their partner to use them if they die.

It is less clear in some instances. People who want to use the cells might have to prove to a court that the person really wanted to have children. They wanted to keep their family line but not become a parent themselves.

Sex cells and embryos are not property and can't be passed on to family members. The people who provided the cells have some legal rights. Robert Gilmour, a family law specialist based in Scotland, said that it is difficult to define ownership. He said that the law made his head hurt.

Depending on where you are, the law can vary. Some countries do not allow posthumous reproduction. Laws differ by state. According to the American Society for Reproductive Medicine, some states won't legally recognize a child born after a person dies. A bioethicist at New York University told me that there are no national rules.

Clinics can get guidance from societies like ASRM. This can be different between regions. Parents and other family members should not be allowed to request the sex cells or embryo of someone who died, according to guidance by the European Society for Human Reproduction and Embryology. It would apply to his parents. The concern is that these relatives may be hoping for a symbolic replacement for their loved one.