Paternity after Death – Legal Security Dilemmas

Abstract

Post-mortem in vitro fertilization has become an increasingly widespread procreation procedure in the world. Is this procedure legal? What are the legal implications? From the point of view of our research, we referred to two aspects: the first concerns in vitro fertilization (IVF) and the second the possibility of posthumous sperm recovery (PSR). The legal, ethical, religious issues and social implications in these cases are extremely important, which is why they are still hotly debated today. What would be the social and legal status of the future child? What rights does the future child have in relation to the other family members? In this approach, we tried to give some answers and we made some suggestions for implementation in the Romanian legislation.