Overview

• In two separate rulings, the court recognized paternal filiation in one case and granted inheritance rights in another for children born after posthumous assisted reproduction.
• Judges found that refusing filiation or excluding a child from succession was a disproportionate infringement of the child’s rights when compared with siblings.
• Both cases concerned procedures performed in Spain, where posthumous assisted reproduction is lawful with prior consent from the deceased parent.
• France’s 2021 bioethics law prohibits posthumous insemination or embryo transfer, while the national ethics council opposes posthumous use of cryopreserved sperm and conditionally supports embryo transfer with documented consent and support.
• A new complaint has been lodged with the European Court of Human Rights, and MP Arthur Delaporte has introduced a bill seeking to revise the domestic ban.