Post‐mortem Sperm Retrieval (PMSR) is seldom requested in Australasia. The retrieval of sperm is permitted only by prior written consent or by order of the court. Sperm should be retrieved within 24 h following death; however, collection within 36 h may still be successful. The clinical response to such a request must be mindful of complex ethical and legal considerations. Clear, accessible and consistent law in this area would benefit medical, legal and societal stakeholders.