Posthumous reproduction and its hereditary legal effects

Abstract

Permissibility of posthumous reproduction, i.e. conception and birth of children after the death of one or both parents, and determining its hereditary legal consequences, today undoubtedly represents issues of great importance in the field of biomedical assisted reproduction. This paper discusses the following issues: 1) the way of the legal regulation of posthumous reproduction in modern European legislations and the hereditary status of the children conceived by posthumous reproduction, 2) attitudes of case law regarding the permissibility of the posthumous reproduction and hereditary rights of the children conceived in this way and 3) to some extent the question of justification of posthumous reproduction. In the conclusion it is pointed out that today a very small number of modern legislations regulate the issue of posthumous reproduction, whereby there are no unique and universally accepted solutions in the legislations which regulate this question. Bearing in mind that this is a very important issue, leading to the expansion of the boundaries of fatherhood, motherhood, parenting and family, we may conclude that there will be an increase in legislations faced with the need for its appropriate legal regulations.

Keywords

• posthumous reproduction
• hereditary rights of the children conceived by posthumous reproduction