Legal aspects of post-mortem reproduction: a comparative perspective of French, Brazilian and Portuguese legal systems.
Death arrives always too soon, and most often unexpectedly, destroying our plans and the plans of the ones who love us. Medically assisted reproduction offers nowadays a technique that makes possible to have children from someone that recently passed away. Post mortem reproduction is not the satisfaction of a mere whim, but the continuity of strong love affections, and frequently provides some kind of fulfillment to the common aspiration of the couple in constituting a family. All around the world courts and law makers are profoundly divided in the legitimacy of this practice. The well being of the child to be and the respect for the dead person seem to be the strongest arguments against. But, as this study will show, none of them resist to a more careful scrutiny. Therefore, not only post mortem embryo transfer should be allowed, but post mortem insemination and fertilization should also be permitted.
eduardodantas@eduardodantas.adv.br
Dantas
D
Eduardo
Vera Lúcia
VL
Raposo
D001938:Brazil; D015925:Cryopreservation; D003643:Death; D004624:Embryo Transfer; D005260:Female; D005602:France; D006801:Humans; D008297:Male; D011174:Portugal; D027724:Reproductive Techniques, Assisted / Q000331:legislation & jurisprudence*; D053625:Sperm Retrieval / Q000331:legislation & jurisprudence*