Informace o publikaci
Postmortem insemination: right to the child vs. the child's right to both parents?
| Autoři | |
|---|---|
| Rok publikování | 2025 |
| Druh | Další prezentace na konferencích |
| Citace | |
| Popis | Assisted reproductive technologies and the associated ability to cryopreserve gametes have made it possible for a person to become a parent not only in life but also after death. These medical advances have created not only new reproductive possibilities, but also ethical and legal issues that need to be examined from the perspective of both the intended parents and the child itself. On the one hand, one can see a legitimate interest or even a right to have one's own child or child with a particular person. On the other hand, there may be an interest of the future child in having both parents, the protection of which may be prospectively established by law. From a human rights perspective, there is a conflict between different principles, the balancing of which should lead to a fair balance. The aim of this paper is to identify and critically evaluate the specific arguments used in the resolution of this type of cases, based on a comparison of national approaches, international obligations and the relevant case law of the European Court of Human Rights. |
| Související projekty: |