title: [POST MORTEM PATERNITY].
abstract: Post mortem paternity, namely the procreation after the death of the man whom is part of the couple, is one of the questions which raised the most hesitations since the first bioethics laws of 1994. The National Assembly, encouraged by several opinions of the CCNE (National advisory committee of ethics) had let itself convince that the transfer had, at least, to be authorized in utero embryos preserved at the regard of which no one could not claim to have rights equal or higher than those of the woman concerned. However, the Senate always ended up obtaining the maintenance of an absolute prohibition of posthumous procreation (starting) from the spermatozoids or frozen embryos. This indifference with the cruelty of the application of the law to the women plunged into mourning--based on a paradoxical appreciation of the interest of the child not to be born orphan, and on a not very glorious taking into account of the interest of the Body of notaries not to change its practices--is particularly debatable. One can, nevertheless, try to understand it according to the obsession of the legalization of surrogate motherhood by application of the principle of nondiscrimination which could justify the requests of the men who, thanks to a surrogate mother, would wish to become fathers starting from gametes or embryos taken or created before the death of their wife or partner.
authors.forename: Jean-Pierre
authors.initials: JP
authors.lastname: Marguénaud
mesh_terms: D002648:Child; D002651:Child Advocacy; D015925:Cryopreservation; D004624:Embryo Transfer / Q000941:ethics; D005602:France; D006801:Humans; D008297:Male; D010334:Paternity; D037022:Posthumous Conception / Q000941:ethics / Q000331:legislation & jurisprudence*; D027724:Reproductive Techniques, Assisted / Q000941:ethics / Q000331:legislation & jurisprudence*; D013094:Spermatozoa