POSTHUMNO ZAČEĆE U EVROPSKIM PRAVIMA I NOVOM SRPSKOM ZAKONODAVSTVU

Abstract

The possibility of preserving reproductive material (reproductive cells, tissues and early embryos) and their later use in human assisted procreation for empregnating and child birth purposes, pushes the limits of human fertility capabilities and makes the child conception possible beyond the period of his parent's life. Given the fact that posthumous conception has brought medical revolution in the field of human reproductive potentials, in this paper the author focuses her interest on reviewing European and national laws which regulate this matter in the context whether it should be allowed or not. Having described the concept and meaning of posthumous conception and why it is the subject of numerous debates, the author further explains that only a few European legisaltions are favourably inclined towards this scientific possibility, while the majority actually either forbits, or ignores it. Analyzing the provisions of the new Law on biomedical assisted fertilization which regulate the subject of posthumous conception, the author concludes that our legislation follows the European trend forbidding this form of assisted fertilization. In the final part of the paper, the author presents the arguments for and against posthumous conception concluding that prevail those which cannot support its justification.