What are the legal issues related to posthumous conception?

Posthumous conception is the use of reproductive technology to create an embryo using sperm or eggs from the deceased person. In Florida, legal issues related to posthumous conception are covered by the Florida Posthumous Conception Act, which went into effect in 2008. The Act states that a posthumous conception may be allowed under certain circumstances, including if the deceased had expressed a desire to do so before his or her death. It also requires that a court grant permission for the posthumous conception to take place. Generally, the court must grant permission if the individual left a signed statement that expresses his or her desire for posthumous conception or if a surviving spouse wishes to undergo posthumous conception. The Act further states that in order for posthumous conception to take place, a physician or health care provider must perform laboratory services and provide other necessary services for the purpose of posthumous conception. Additionally, the Act requires that certain information, such as the medical history of the deceased person and a written statement from a physician regarding the potential risks and benefits of the procedure, must be provided before the court grants permission for the posthumous conception to take place. Finally, the Act states that the surviving spouse or other relatives of the deceased must be given legal rights related to the posthumous conception and any resulting child. This includes the right to be involved in decisions regarding the conception and the right to inheritance from the deceased.

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What are the legal issues related to posthumous conception?

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