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[Inheritance rights fo the child born from post-mortem fertilization]
1Universidad de Murcia, Murcia, España.
Summary
Spanish law permits postmortem fertilization, establishing paternity for deceased males. This impacts inheritance rights, focusing on the child's share and legal protections before birth.
Area of Science:
- Legal Studies
- Bioethics
Context:
- Spanish Law permits postmortem fertilization, recognizing paternity of the deceased male.
- This legal provision has significant implications for inheritance law.
Purpose:
- To analyze the legal effects of postmortem fertilization on inheritance in Spain.
- To discuss the determination and protection of a posthumously conceived child's rights.
Summary:
- Postmortem fertilization under Spanish Law establishes paternity for the deceased male.
- Key legal issues include the child's portion in forced succession and inheritance share.
- The article examines the necessity of defending the child's rights until birth verification.
Impact:
- Provides clarity on the legal standing and inheritance rights of children conceived posthumously.
- Contributes to the discourse on reproductive rights and posthumous paternity in legal frameworks.
- Informs legal practitioners and policymakers on the complexities of succession law concerning posthumously conceived children.
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