Some remarks on the criminal law aspects of the postmortal use of medically assisted procreation techniques on the grounds of the law on infertility treatment

Abstract

Medically assisted procreation techniques, including in vitro fertilization, are standard medical procedures used to treat infertility. Their evolution has also created many new challenges for legislators. One of the problems is the possibility of giving birth to a child postmortem. In the study, the issues of post mortem fertilization, embryo transfer postmortem, as well as the collection of gametes from cadavers for use in the procedure of medically assisted procreation were analyzed in the light of the provisions of the Law on Infertility Treatment. Additionally, an attempt has been made to evaluate them and point out inaccuracies that their interpretation may raise.