Abstract

http://ssrn.com/abstract=1649658
 
 

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One Way to Be Born? Legislative Inaction and the Posthumous Child


Karin Mika


Cleveland State University - Cleveland-Marshall College of Law

July 27, 2010


Abstract:     
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 rights

working papers series





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Date posted: July 27, 2010 ; Last revised: January 16, 2011

Suggested Citation

Mika, Karin, One Way to Be Born? Legislative Inaction and the Posthumous Child (July 27, 2010). Available at SSRN: http://ssrn.com/abstract=1649658

Contact Information

Karin Mika (Contact Author)
Cleveland State University - Cleveland-Marshall College of Law ( email )
2121 Euclid Avenue, LB 138
Cleveland, OH 44115-2214
United States

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