La fecondazione post mortem: irriducibile ossimoro o nuova frontiera del biodiritto?

Recently some jurisprudential novelties, linked to the use of medically assisted procreation, have reignited the debate on family law and on the limits to the usability of some peculiar medical-surgical techniques. A civil law approach grounds its arguments on two points, namely the necessary link between filiation and a physical relationship between man and woman, and the certainty that the child born of a woman is also biologically her son. The rise of new techniques of artificial insemination, on the other hand, has raised issues that courts have tried to address painstakingly and with caution. One of the most controversial aspects is precisely related to the c.d. post-mortem fertilization. The use of this type of fertilization poses various problems from a legal and ethical point of view. The present essay aims to analyze the most important ones.

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