Posthumous Reproduction in comparative law

Posthumous reproduction is referred to as a method of artificial reproduction, which involves the birth of a child through the gamete of a deceased person. This kind of reproduction raises many moral and legal debates and different countries have various legal approaches toward this type of assisted reproduction.

This research uses the comparative method with descriptive-analytical approach to study the law of different countries and to identify various legal techniques regarding the legality of posthumous assisted reproduction and its legal consequences on the family status of the child born by this technology.

In Iran, due to legislative gap in this area and deep disagreement of jurisconsults and jurists, various procedures have emerged in medical centers and several cases have been brought before the courts of justice in this regard resulting to diverse sentences. This paper tries to introduce different legal approaches to this judicial phenomenon using the comparative study of different countries’ legislation. To this purpose, after introducing a comprehensive classification of diverse legislations on the topic, I will study in detail the law in four countries of Iran, France, Greece and United Kingdom. Each of these countries adopts a different approach to posthumous reproduction, providing for a legal ambiguity, complete ban, limited permission, and liberal permission respectively.

Ethical considerations:

 In all stages of writing this paper, the ethical principles of research, especially respect for intellectual property, honesty and confidentiality have been fully observed.

The moral and legal arguments against posthumous reproduction, especially the childchr('39')s best interests, reinforce the theory of the ban. Furthermore, the approval of posthumous reproduction during idda period by some of jurisconsults can be criticized due to the difficulty and delicacy of decision-making and reproduction during the mourning period and shortly after the death of the spouse. However, authorizing this technique by the Iranian legislature requires legal innovation, transparency and clarity regarding the condition of access and its consequences on the legal parenthood and succession right of the child born.