What are the legal issues related to posthumous conception?

Posthumous conception is a process in which sperm or eggs are extracted from a deceased person and used to conceive a child. In Maryland, the legal issues related to posthumous conception depend on the circumstances of the individual case. Under Maryland reproductive law, a surrogate mother may not be used to carry a posthumously conceived child unless the deceased person had signed a written contract before death authorizing the use of his or her eggs or sperm for posthumous conception. If the deceased person had not signed an authorization for posthumous conception before death, then the sperm or eggs must be donated by a living person. Additionally, there are legal issues related to who is the legal parent of the posthumously conceived child. Under Maryland reproductive law, the parentage of a posthumously conceived child is determined by statute. If the deceased person was married at the time of death, the surviving spouse would be the legal parent of the posthumously conceived child. On the other hand, if the deceased person was not married at the time of death, the surviving partner in a committed relationship would be the legal parent of the posthumously conceived child. In order for the posthumously conceived child to be able to inherit from the deceased person, the surviving parent must file a petition with the court requesting that the posthumously conceived child be declared the deceased person’s heir. In the petition, the court must be satisfied that the deceased person intended to conceive a child and would have consented to the posthumous conception had he or she been alive. Therefore, it is important to understand the legal issues related to posthumous conception in Maryland before proceeding with the process. It is important to consider the requirements regarding authorization of posthumous conception and the relevant laws regarding parentage and inheritance.

What are the legal issues related to posthumous conception?

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