Surrogacy and Posthumous Fertilization

Abstract

a recent media case in Spain has revealed a new context of surrogacy with two new variables: on the one hand, reproductive material from a family member is used; on the other hand, that family member has died. In this context, the validity of the mortis causa provision of donation of reproductive material for these cases, the conclusion of the surrogacy contract, and the eventual establishment of the parenthood with the deceased biological father, as well as with the intentional parties, are analysed.