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31 Med. & L. 181 (2012)
Legal Aspects of Post-Mortem Reproduction: A Comparative Perspective of French, Brazilian and Portuguese Legal Systems

handle is hein.journals/mlv31 and id is 195 raw text is: Med Law (2012) 31:181-198 Medicine and Law CPROBOOK 2012 LEGAL ASPECTS OF POST-MORTEM REPRODUCTION: A COMPARATIVE PERSPECTIVE OF FRENCH, BRAZILIAN AND PORTUGUESE LEGAL SYSTEMS Dantas Eduardo* and Vera Licia Raposo** Abstract: Death arrives always too soon, and most often unexpectedly, destroying our plans and the plans of the ones who love us. Medically assisted reproduction offers nowadays a technique that makes possible to have children from someone that recently passed away. Post mortem reproduction is not the satisfaction of a mere whim, but the continuity of strong love affections, and frequently provides some kind of fulfillment to the common aspiration of the couple in constituting a family. All around the world courts and law makers are profoundly divided in the legitimacy of this practice. The well being of the child to be and the respect for the dead person seem to be the strongest arguments against. But, as this study will show, none of them resist to a more careful scrutiny. Therefore, not only post mortem embryo transfer should be allowed, but post mortem insemination and fertilization should also be permitted. Keywords: Medically Assisted Reproduction; Post-Mortem Reproduction; Consent; Right to Constitute a Family. * Lawyer, registered in both Brazilian and Portuguese BAR associations. Specialist in Consumer Law by the University of Castilla-La Mancha, Spain. LL.M. in Medical Law by the University of Glasgow, Scotland. PhD student at the University of Coimbra, Portugal. Vice-President of the World Association for Medical Law. Vice-President of the Asociaci6n Latinoamericana de Derecho Mddico. President of the Associaqlo Brasileira de Direito da Sadde. Member ofthe Association Frangaise de Droit de la Santd. Member of the Association de Recherche et de Formation en Droit Mddical. Member of the European Society of Health Law. Author of several articles published in Brazil, Portugal, USA and France. Author of the books Direito M6dico (Editora GZ, 2009) and Comentdrios ao C6digo de Etica M6dica (Editora GZ, 2010). E-mail: eduardodantas@eduardodantas.adv.br ** Assistant Professor at the Law Faculty of the University of Coimbra. Lawyer, member of Vieira de Almeida Associados, Member of the Center of Biomedical Law and the Center of Human Rights of the University of Coimbra. E-mail: vera@fd.uc.pt 181

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