POST HUMAN REPRODUCTION (POST MORTEM): PARENTAL STATUS AND INHERITANCE STATUS OF THE CHILD

Abstract

Reproductive freedom and the right to found a family is a fundamental human right, which enjoys protection and guarantee in the Constitution of every country. Technological developments now enable a child not only to be born but also to be conceived after the death of one of the spouses or partners, so through this method it is possible for people to freeze their genetic materials in order to use them for reproduction after death.

This artificial way of reproduction presents a series of bio-ethical, social and legal problems, since most states have interpreted it in different ways, either with partial legislation or with partial legislation that needs interpretation. However, the fear of new technologies exists and is not new since in practice it represents a field loaded with case studies and the question arises: "Is the decision to have the child of the deceased a proper and welcome decision since the woman goes through the process of suffering and does not think rationally"? What is the legal status of the child and how is the issue of paternity/maternity handled after the death of one of the spouses?

We can say that in cases where natural reproduction becomes impossible for health reasons, artificial reproduction can be viewed as welcome as it creates a new life and the use of new technologies for reproduction is mainly in the interest of the parents in their choice if they want to move on and lead a new life.