Postmortem Reproduction: Specifics of the Constitutional Law Status of the Child
Annotation
This article examines the constitutional and legal status of children conceived and born after the death of one or both parents through the use of assisted reproductive technologies. It explores the implementation of constitutional guarantees for the protection of the family, motherhood, fatherhood, and childhood in such circumstances, as well as the issues of establishing a child's legal parentage as the foundation of his or her legal status. The article identifies existing gaps in Russian legislation, including the absence of a dedicated legal framework governing posthumous reproduction. It is argued that the emergence of new reproductive practices necessitates a reassessment of the traditional approach to establishing legal parentage and the development of constitutionally grounded safeguards for the rights of children born through posthumous reproduction, with due regard for the paramount principle of the best interests of the child.
Keywords
| Type | Article |
| Information | Constitutional and Municipal Law № 09/2026 |
| Pages | 38-41 |
| DOI | 10.18572/1812-3767-2026-9-38-41 |
