POSTHUMOUS REPRODUCTION AND POSTHUMOUS DIGNITY
POSTHUMOUS REPRODUCTION AND POSTHUMOUS DIGNITY

Summary/Abstract: Advances in assisted reproduction technologies have enabled the application of various forms of posthumous reproduction. The ability to use cryopreserved spermatozoa and assisted reproductive techniques, such as in vitro fertilization, makes it possible for a woman to conceive the child of a man who is deceased. Cryopreservation of embryos makes it possible for a child to be born after the death of the father, mother, or both of his/her parents. One of the possible scenarios of posthumous reproduction is to retrieve the sperm of a deceased person or a person in a permanent vegetative state to use it for reproductive purposes. In the first part of the paper, different forms of posthumous reproduction will be examined, as well as the ethical dilemmas they raise. The focus will be on the place of the value of human dignity within the debates on posthumous reproduction (especially on possible different interpretations of the concept of posthumous dignity). National laws regulating posthumous reproduction will also be explored. In the second part, the legal framework of posthumous reproduction in Bosnia and Herzegovina (its entities) will be analyzed, as well as the relevant courts’ decisions and the recommendations of other bodies responsible for monitoring the realization of human rights related to this form of reproduction. In the conclusion, arguments will be presented supporting the legalization of certain forms of posthumous reproduction. The conditions under which posthumous reproduction can be considered acceptable will also be explored.

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