Birocrația tainei zămislirii. Despre concepțiunea in vitro
The bureaucracy of the mystery of conception. On in vitro fertilization

Summary/Abstract: Starting from a case solved by the Romanian courts, the article analyzes the problem of post-mortem conception in the case of in vitro fertilization techniques. More specifically, the analysis takes into account the moment from which the rights are born for the child that will be born after the death of the biological father in cases where the embryo was cryogenated prior to his father’s death. Although this argument was raised (also) by the heirs of the potential father in the commented case, the court ignored these effects. The text starts from the rationale of the infans conceptus rule in Romanian law and its connection with the moment of biological conception to then explore issues such as the nature of human embryos and the limits of contractual freedom in the law of persons. Along the way, issues raised in other jurisdictions as well as at European level on the right balance between the autonomy of the person (mother) and the rights of the unborn child are highlighted.

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