Essay by Janet J. Berry
In today's brave new world, women who suffer the loss of their husband or lover can call upon medical science to create a souvenir baby. The rights of the decedent over his genetic material and the rights of the child who is created therefrom are the subject of an evolving legal process. This Essay examines legal, moral and ethical issues which arise from post-mortem artificial insemination. It discusses the attendant conflicts of procreative rights, finality of probate, psychological issues, international law, and recent cases. Ultimately, comprehensive legislation must be enacted to address these issues.
About the Author
Janet J. Berry. Second Judicial District Court, State of Nevada. B.S. 1977, California State University, Sacramento; J.D. 1980, Tulane University School of Law; Master of Judicial Studies 1997, University of Nevada, Reno, and National Judicial College.
Citation
72 Tul. L. Rev. 231 (1997)