One Way to Be Born? Legislative Inaction and the Posthumous Child
Cleveland-Marshall College of Law, Cleveland State University
July 27, 2010
This article argues that the posthumous child and the rights and responsibilities relating to such a child are directly related to the fundamental right to procreate. It argues that legislation must necessarily incorporate that right in sorting out issues related to the posthumous child and deviate from the standard principles of contract laws which have been applied in the past. This article examines the history, case law, federal decisions, and current legislation pertaining to artificial insemination. It argues that such legislation is inadequate and that legislatures must act promptly to address the realities of the posthumous child.
Keywords: artificial insemination, posthumous child, legislative inaction, reproductive rightsworking papers series
Date posted: July 27, 2010 ; Last revised: January 16, 2011
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