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Posthumous Reproduction: Legal Rights, Ethical Tensions And Social Implications In A Global Context




Sukaina Mehdi, Assistant Professor, Vivekananda Institute of Professional Studies – Technical Campus, GGSIPU, New Delhi


ABSTRACT


Posthumous reproduction, the conception of a child after a parent’s death through assisted reproductive technology, raises complex legal, ethical, and cultural challenges worldwide. This paper analyses comparative legal frameworks across the UK, USA, Israel, Belgium, India, and Europe, highlighting tensions between autonomy, consent, child welfare, and inheritance rights. Jurisdictions vary from prohibitionist (France, Germany) to permissive (Israel, Belgium). India’s evolving jurisprudence illustrates judicial pragmatism amid legislative gaps. Ethical debates around explicit, presumed, and inferred consent underscore evolving notions of parenthood, dignity, and societal values. The study advocates for harmonised global standards balancing compassion, autonomy, and responsibility.


Keywords: Posthumous Reproduction, Assisted Reproductive Technology, Consent, Autonomy, Inheritance, Child Welfare, Comparative Law.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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