Abstract

RODRIGUEZ GUITIAN, Alma María. Posthumous reproduction in Spain, analysis ofa new legal dilemma. Rev. Bol. Der. [online]. 2015, n.20, pp.292-322. ISSN 2070-8157.

Article 9 of theSpanish law 14/2006 of 26th May, on Human Assisted ReproductionTechnics, deals with two different issues which merit a different approach. First of all, the law allows the use of reproductive material of a man after his death for the artificial insemination of his widow or surviving partner. In my opinion, this clause is contrary to article 39.3° and 4° of the Spanish Constitution, which imposes an obligation of protection of the minor over the Legislative Power. The law must comply with a general obligation derived from the Constitution of parents to take care of the child. In all actions concerning children, the best interest of the child shall be a primary consideration, but the law disregards this point. Secondly, the law contemplates the post mortem implantation of embryos created before the man's death.The law presumes, correctly in my view, that the deceased authorized the post mortem implantation, as prenatal life is constitutionally protected.

Keywords : Assisted Reproductive Technology; Posthumous Reproduction.

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