What are the legal implications of posthumous assisted conception?
In North Carolina, posthumous assisted conception, which is the process of using assisted reproductive technology to conceive a child after the death of a partner, has legal implications. Posthumous assisted conception is regulated by North Carolina law, which states that a person can only use this procedure, provided that they have the written consent of the deceased spouse or partner. The law also requires that a physician certify that the deceased spouse or partner consented to the procedure before their death. The use of posthumous assisted conception is also limited by North Carolina laws regulating tissue donation. Tissue donation is necessary to use posthumous assisted conception, but North Carolina law requires that the donation of reproductive tissue be done through an agency or a fertility clinic. Without the permission of the agency or the clinic, the tissue cannot be used for posthumous assisted conception. Posthumous assisted conception also has legal implications related to the rights of the child who is born from the procedure. North Carolina law recognizes the parentage of the surviving spouse or partner, but the law also recognizes that the deceased spouse or partner is the legal parent of the child. This means that the deceased spouse or partner has the right to be named on the birth certificate and to be recognized as the legal parent of the child, even if they are deceased.
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