What are the legal issues related to posthumous conception?

Posthumous conception is a reproductive process in which an individual’s sperm or eggs are used to conceive a child after their death. Posthumous conception poses several legal issues in Virginia. Firstly, in Virginia, posthumous conception requires the written consent of the deceased biological parent. Without such consent, posthumous conception is illegal. Secondly, in Virginia, the law requires that a couple must be married in order for posthumous conception to be legal. Furthermore, a married couple in Virginia may only use posthumous conception to conceive a child with the same gametes (sperm or eggs) of the deceased partner. Lastly, any child conceived through posthumous conception in Virginia will be considered the legal child of the deceased parent and the surviving parent, but any rights of inheritance will be limited. All of these legal issues apply to posthumous conception in Virginia, and should be considered carefully before deciding to pursue this reproductive option.

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What are the legal issues related to posthumous conception?

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