Life After Death: Disposition of Reproductive Cells in Case of Death

Abstract

Posthumous conception is appearing more and more often both in domestic and in the practice of foreign countries. In order for such a procedure to be possible and allowed, it is first necessary to deal with the issue of disposal of reproductive cells in the event of the death of the person from whom they originate. This question opens up a Pandora's box of related questions, starting with the circle of persons who can be the addressees of such a disposition, various temporal limitations, the question of the existence and form of consent, as well as the status of a posthumous child. As a result, a myriad of different approaches is visible. The legislation of certain countries prohibits such a procedure, some allow it, and the most complicated are those that do not regulate such procedures, or fail to do so clearly and concisely. The subject and goal of this work is to present domestic laws and cases that have appeared, with reference to certain comparative legal solutions and jurisprudence.