Posthumous reproduction and its legal perspective

Abstract

Assisted reproductive techniques allow us to use donated and cryopreserved gametes posthumously. This can pose legal issues, such as legitimacy of the child born, inheritance rights of the child, and life long psychosocial implications. The law in different countries takes a varied stand on it. Posthumous use of gametes must abide by the law of the land. A valid consent of the deceased is required. Mourning period of at least one year should be allowed prior to embarking on ART procedures on the surviving partner. The law regarding legitimacy of the child born after death or divorce of a spouse needs amendment. The psychological development of these children needs to be studied by long-term studies.