5. Consideraţii privind drepturile succesorale ale copilului conceput prin reproducere asistată şi născut după moartea părintelui său
5. Considerations regarding the inheritance rights of a child conceived through assisted reproduction and born after the death of his parent

Summary/Abstract: The evolution of medically assisted human reproduction techniques tests the limits of classical legal systems, which were designed to establish filiation for children conceived and born naturally. Beyond filiation, these medical procedures – which allow embryos to be preserved for years and a child to be born long after a parent’s death – raise numerous issues concerning the successional capacity of such a child. The question of inheritance rights for a child conceived posthumously through medically assisted reproduction prompts many inquiries, such as how to determine the moment of conception and what legal status to accord the embryo, and it reveals a significant gap between social realities and the current legal framework. Although legal principles sometimes permit an extensive interpretation and alignment with the case law of the European Court of Human Rights, the solutions thus reached are insufficient to address the particularities of situations as sensitive as those in which the best interests of the child intersect with the need for predictability in the devolution of the estate. Legislative intervention is clearly needed to provide equitable solutions that satisfy the best interests of the child while also ensuring a balance between the classical principles of succession law and the challenges of contemporary bioethics.

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