Post Mortem Assisted Reproductive Technology (Art) And The Particular Case Of The Will In Romania

The latest and most remarkable technological discoveries/developments, which allow gamete cryopreservation (spermatozoa, embryos, ovarian tissue), raise many legal, social, ethical and moral issues, especially regarding the right to post-mortem reproduction, that includes either a woman’s request to conceive a child after her husband’s death or a man’s to require a surrogate mother’s help to carry the dead wife’s embryos . Romania is one of the few European countries which does not benefit from a legislative framework with respect to assisted reproductive technology (ART). Starting from real cases which took place in the United States and France, this work wishes to go even further and to discuss the will in connection with the assisted reproductive technology (post mortem), under the light of the New Civil Code, more precisely: mandating the surviving spouse (wife/husband) to start and go through all the necessary procedures for giving birth to a child (with the sperm, embryo etc. left by the deceased spouse), the recognition of a child not conceived and not born at the date of the inheritance’s opening, as well as the right to inheritance of the child resulted from such a situation.