post mortem paternity

Abstract

Post mortempaternity, namely the procreation after the death of the man whom ispart of the couple, is one of the questions which raised the most hesitations since thefirst bioethics laws of 1994. The national assembly, encouraged by several opinionsof the ccnE (national advisory committee of ethics) had let itself convince that thetransfer had, at least, to be authorized in utero embryos preserved at the regard ofwhich no one could not claim to have rights equal or higher than those of the womanconcerned. however, the Senate always ended up obtaining the maintenance of anabsolute prohibition of posthumous procreation (starting) from the spermatozoids orfrozen embryos. This indifference with the cruelty of the application of the law to thewomen plunged into mourning – based on a paradoxical appreciation of theinterest of the child not to be born orphan, and on a not very glorious taking intoaccount of the interest of the Body of notaries not to change its practices – isparticularly debatable. One can, nevertheless, try to understand it according to theobsession of the legalization of surrogate motherhood by application of the principleof nondiscrimination which could justify the requests of the men who, thanks to asurrogate mother, would wish to become fathers starting from gametes or embryostaken or created before the death of their wife or partner