Abstract

GERI, Leonardo. Presumed Consent to Posthumous Assisted Human Reproduction Techniques. Principles for its Regulation in Argentina. Rev. Bioética y Derecho [online]. 2019, n.46, pp.149-165.  Epub Oct 01, 2019. ISSN 1886-5887.

This article proposes principles for the regulation of presumed consent to posthumous assisted human reproduction techniques in Argentina and argues about the basis of that institute. Although the Civil and Commercial Code of the Nation provides an autonomous filiation system applicable to reproductive technologies, posthumous cases have not been regulated. In recent years, several judgments have recognized the presumed consent of the deceased, although without a clear conceptual construction and with the consequent legal uncertainty regarding the filiation of the persons born.

Keywords : posthumous reproduction; presumed consent; filiation; procreational will; bioethics.

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