Posthumous Conception: Legal Issues and Possible Refinements: an Analysis of the Australian and Us-american Laws Governing Post Mortem Conception

In this book it is argued that both in Australia and the US the lawfulness of posthumous conception has been more and more accepted by legislative as well as judicative bodies over the last decade. However, neither in the US nor in Australia exist uniform rules governing the procedure of posthumous conception. The manifold approaches taken by the respective federal states have led to considerable uncertainties as to the legal situation regarding post mortem conception. Against this background, this book aims at elaborating some possible refinements to the current laws by way of a comparative analysis. Starting with some basic information on the procedures regarding posthumous conception, this book then introduces possible scenarios to after death conception. Also, the major ethical, religious and legal issues concerning post mortem conception will be discussed. By making reference to various states both in the US and Australia, the legal status in respect of posthumous conception is examined in concreto and some recommendations are made that aim at refining the laws currently in place.