Abstract

Posthumous reproduction is a profound scientific achievement bestowing biological continuance on human life after death, fulfilling the wishes which were hitherto unattainable. The process has brought hope and joy to many but its implementation is marred by ethical ambiguity and legislative inadequacy. Many jurisdictions in the world claiming to be a part of scientific social order display a highly restrictive and debilitating approach by forbidding posthumous reproduction. In this article I discover the fundamental ethical questions which remain unanswered, analyse the law and the judicial responses across the world and discuss the prevailing conflicts and controversies in the regulation of posthumous reproduction. I conclude that judicial decisions are no substitute for legislative policies which need to be evolved on priority in view of fast advancing biotechnology and growing affirmation of posthumous reproductive rights.