What are the legal implications of posthumous assisted conception?

Posthumous assisted conception is when sperm or other reproductive material, such as oocytes, is obtained before a person’s death and then used to fertilize an egg after the person has passed away. In Indiana, the law surrounding posthumous assisted conception is complex and varies from situation to situation. In general, posthumous assisted conception is permitted in Indiana if the deceased person has expressed their consent in writing prior to their death. If the deceased person has not given consent by writing, then someone else may be granted permission to access and use the deceased person’s reproductive material if they can prove that there is no reasonable hope for the deceased person to complete their desired parentage. The legal implications for posthumous assisted conception in Indiana are still unclear. Some laws allow for the deceased person’s partner to be granted legal guardianship of any resulting children if the deceased person consented in writing before their death. However, many legal questions remain unanswered, such as whether the non-genetic partner has any legal rights to the child or what legal procedure must be taken for the non-genetic partner to obtain guardianship. Ultimately, the legal implications of posthumous assisted conception in Indiana are still uncertain. It is important for anyone considering posthumous assisted conception to seek legal advice to ensure that they are aware of all the potential legal implications.

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What are the legal implications of posthumous assisted conception?

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