Life Beyond Death: Regulating Posthumous Reproduction in New Zealand

Victoria University of Wellington Law Review pp 725-754 [2015]

30 Pages Posted: 4 Mar 2019

See all articles by Nicola Peart

Nicola Peart

Faculty of Law, University of Otago

Date Written: 2015

Abstract

This article argues that the current legal regulation of posthumous reproduction in New Zealand is deficient. Posthumous reproduction raises issues in relation to consent, the welfare and status of the child, and even such practical issues as succession rights and estate administration. Drawing on Australian and English case law and legislation, this article proposes reform of the current legal regulation to clarify the consent requirements for collection and use of gametes after the death of the gamete provider, and to address the legal status and associated rights of posthumously conceived children.

Keywords: Reproduction, Genetics, Reproductive Law, Law and Medicine

JEL Classification: K00, K32, K36

Suggested Citation

Peart, Nicola, Life Beyond Death: Regulating Posthumous Reproduction in New Zealand (2015). Victoria University of Wellington Law Review pp 725-754 [2015], Available at SSRN: https://ssrn.com/abstract=3333533

Nicola Peart (Contact Author)

Faculty of Law, University of Otago ( email )

PO Box 56
Dunedin North
Dunedin, Otago 9016
New Zealand
6434798859 (Phone)
6434798855 (Fax)

HOME PAGE: http://www.otago.ac.nz/law/staff/nicola_peart.html

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