Prawne aspekty wspomaganej prokreacji post mortem
Legal Aspects of Medically Assisted Procreation Performed After the Death of a Husband or a Partner
Author(s): Kinga Bączyk-RozwadowskaSubject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Uniwersytetu Gdańskiego
Keywords: medically assisted procreation; in vitro fertilization; artificial insemination; consent to treatment; right to information; principle of the child’s welfare
Summary/Abstract: The article concerns the so-called post mortem procreation that means the artificial insemination of a woman with a semen of her dead husband or partner (AI) or the in vitro fertilization with an embryo created of such semen and her ova (IVF). This controversial practice is allowed only in few countries under three conditions: the consent of a gamete donor for its use in a postmortem insemination (in vitro fertilization), the performance of AI or IVF within a specified time and the authorization of the procedure by a court or an appropriate state commission. The above premises have been analyzed in a comparative perspective taking into account the solutions adopted in the Polish Act on the Treatment of Infertility of 25 June, 2015.
Journal: Gdańskie Studia Prawnicze
- Issue Year: I/2021
- Issue No: 49
- Page Range: 46-65
- Page Count: 30
- Language: English, Polish