scholarly journals O DIREITO SUCESSÓRIO DOS FILHOS HAVIDOS POR INSEMINAÇÃO ARTIFICIAL HOMÓLOGA PÓS-MORTEM

2021 ◽  
Vol 9 (209) ◽  
pp. 1-30
Author(s):  
LETÍCIA FERNANDES RODRIGUES ◽  
Thiago Rodrigues Fernandes
Keyword(s):  
Artificial Insemination ◽  
Human Reproduction ◽  
Post Mortem ◽  
Significant Modification ◽  
Inheritance Law ◽  
Assisted Human Reproduction ◽  
Brazilian Legislation ◽  
The Subject ◽  
The Right ◽  
Assisted Reproduction Treatment

The present work aims to analyze whether the children conceived after the death of the parent by homologous fertilization have the right to inheritance, seeking to conceptualize the institutes of inheritance law and artificial insemination, analyzing the constitutional principles and the sources of law, so that find the best answer on the topic. The article will be divided into 3 parts. The first will try to explain the succession law (master of the law that regulates the transfer of assets, rights and obligations to the heir after the death of an individual) in the light of Brazilian legislation, explaining the existing Types of Succession. The second part of this article will address Assisted Human Reproduction, pointing out the different conceptions of the concept of family that has undergone significant modification over time. In addition, the second part will also deal with Artificial Insemination, which is an assisted reproduction treatment that expands the possibilities of fertilization of the egg, as well as its divisions. It also points out the principles of Brazilian law applicable to assisted human reproduction. The last part of this work will analyze post mortem artificial insemination and the effects on inheritance law based on legislation, doctrine and principles applicable to the subject, pointing out the three doctrinal currents that emerged with the aim of filling this legislative vacuum. This research is categorized as explanatory, as it aims to identify the factors that determine and contribute to the succession of the post mortem inseminated child, the procedure used in this study will be the bibliographic research.

scholarly journals Técnicas de reproducción humana asistida en el sistema argentino: una visión desde los derechos humanos / Assisted human reproduction techniques in the Argentine system: a vision from human rights

2019 ◽  
pp. 279-318
Author(s):  
María Florencia Belanti
Keyword(s):  
Human Rights ◽  
Right To Health ◽  
Human Reproduction ◽  
System A ◽  
Assisted Human Reproduction ◽  
Derechos Humanos ◽  
Legal Situation ◽  
El Sistema ◽  
The Right

La resolución que se comenta nos estimula a reflexionar sobre las técnicas de reproducción humana asistida con una mirada inescindible desde el prisma de derechos humanos. En este ámbito, se pretende llevar a cabo un análisis desde el derecho a la salud en general y a la salud reproductiva en particular, efectuando una reseña normativa de la materia, una exploración del precedente específico en el ámbito interamericano y una reflexión sobre la situación jurídica del embrión in vitro.   The resolution discussed encourages us to reflect on assisted human reproduction techniques with an inescisible look from the perspective of human rights. In this area, it is intended to carry out an analysis from the right to health in general and to reproductive health in particular, making a normative review of the matter, an exploration of the specific precedent in the inter-American sphere and a reflection on the legal situation of the embryo in vitro

scholarly journals Posthumously Conceived Children and Succession Law: A View from Ireland

2019 ◽  
Vol 33 (3) ◽  
pp. 380-402
Author(s):  
Kathryn O’Sullivan
Keyword(s):  
Assisted Reproduction ◽  
Common Law ◽  
General Scheme ◽  
Genetic Material ◽  
Human Reproduction ◽  
Post Mortem ◽  
Assisted Human Reproduction ◽  
International Experiences ◽  
International Perspectives ◽  
Recent Developments

Abstract Since its emergence in the late 1970s, posthumous conception has provoked controversy. However, notwithstanding that a number of jurisdictions continue to apply a blanket ban on the posthumous use of genetic material, many (if not most) common law jurisdictions now expressly or implicitly permit such post-mortem conception. Yet as awareness of the potential for posthumous conception continues to increase, so too does awareness of the associated legal complications. In particular, serious questions arise as to whether the so-called ‘after born’ children ought to enjoy succession rights in their deceased parent’s estate. This article considers various arguments for and against the recognition of the succession rights of posthumously conceived children and reflects on the position adopted in a number of jurisdictions. With these international perspectives in mind, the article then places the spotlight on recent developments in Ireland, specifically the recent publication of the General Scheme of the Assisted Human Reproduction Bill 2017, which seeks to expressly permit and regulate posthumous assisted reproduction in the jurisdiction. The article considers the apparent intention of the Irish legislature to recognize the ‘inheritance’ rights of posthumously conceived children and, drawing on international experiences, questions how this intention might best be realized.

ON THE QUESTION OF THE STRUCTURE OF INHERITANCE LAW

2021 ◽  
Vol 14 (2) ◽  
pp. 59-67
Author(s):  
EKATERINA KHODYREVA ◽  
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Central Place ◽  
Legal Regulation ◽  
Inheritance Law ◽  
Law System ◽  
Legal Norms ◽  
The Subject ◽  
The Right ◽  
Civil Law System

In the present article, the author considers various doctrinal judgments on the question of what constitutes inheritance law and what place it occupies in the legal system. The purpose of the research is to determine the structural divisions of the sub-branch of inheritance law and substantiate the view on the recognition of inheritance law as a sub-branch of civil law with the designation of its inherent institutions and subinstitutions. Results. Based on the results of the study, the author came to the conclusion that inheritance law, taking into account the content of the legal norms forming it, can only be recognized as a sub-branch of civil law. There are no sufficient grounds to consider inheritance law as an institution of civil law or as an independent legal branch as a structural unit of the legal system. Due to the subject of legal regulation, inheritance law is separated from other sub-sectors in the civil law system. Taking into account the specifics of the subject and method of legal regulation, the sub-branch "inheritance law" is subject to further differentiation into its constituent institutions and sub-institutes. It is concluded that it is necessary to distinguish five main institutions within the studied sub-sector, the central place among which belongs to the institute of inheritance law. The legal norms of this institution are currently dispersed in separate chapters of section V of the Civil Code of the Russian Federation and cover the specifics of regulating both hereditary and some related legal relations. It is this diversity to be included in the Institute of law of inheritance relations allows to conclude on the need for it subinstitute three: hereditary sub instructions, sub succession and sub the exercise of the right of inheritance.

scholarly journals The regulation of stem cell research in Ireland: From the Commission on Assisted Human Reproduction to the Assisted Human Reproduction Bill 2017

2018 ◽  
Vol 18 (1) ◽  
pp. 35-58
Author(s):  
Ciara Staunton
Keyword(s):  
Stem Cell ◽  
Stem Cell Research ◽  
General Scheme ◽  
Embryonic Stem ◽  
Human Reproduction ◽  
Assisted Human Reproduction ◽  
The Right ◽  
The Impact

In 2005, Ireland’s Commission on Assisted Human Reproduction (CAHR) published a comprehensive report on the regulation of assisted reproduction and associated technologies. Yet since that report, successive Irish governments have failed to bring forth any legislation on this matter. This legislative inaction has resulted in a situation whereby the embryo in vivo has the right to life under the Irish Constitution, but embryos in vitro have no protection in law. Irish policymakers have also endorsed and funded embryonic stem cell research (ESCR) at a European level but continue to prevent researchers in Ireland from accessing any public funds for this research. The publication in October 2017 of the General Scheme of the Assisted Human Reproduction Bill 2017 is thus a welcome development. However, further reading of the Bill reveals that it is restrictive in nature and is likely to stifle research in Ireland. This article will discuss the legal, ethical and scientific developments that have occurred since the CAHR report and the impact, if any, they have had on the development of this Bill. It will critically reflect on provisions of the Bill as they relate to ESCR and make a number of suggestions for reform.

scholarly journals Psychosocial Aspects of Gestational Grief in Women Undergoing Infertility Treatment: A Systematic Review of Qualitative and Quantitative Evidence

2021 ◽  
Vol 18 (24) ◽  
pp. 13143
Author(s):  
Michelle Herminia Mesquita de Castro ◽  
Carolina Rodrigues Mendonça ◽  
Matias Noll ◽  
Fernanda Sardinha de Abreu Tacon ◽  
Waldemar Naves do Amaral
Keyword(s):  
Assisted Reproduction ◽  
Policy Development ◽  
Infertility Treatment ◽  
Psychosocial Aspects ◽  
Human Reproduction ◽  
Prolonged Grief ◽  
Quantitative Evidence ◽  
Assisted Human Reproduction ◽  
Psychosocial Responses ◽  
Assisted Reproduction Treatment

Women undergoing assisted reproduction treatment without being able to become pregnant, and experiencing pregnancy loss after assisted reproduction, are triggering factors for prolonged grief and mourning. This review aims to investigate the psychosocial aspects of gestational grief among women who have undergone infertility treatment. We searched the databases of MEDLINE/PubMed, EMBASE, CINAHL, Scopus, ScienceDirect, and Lilacs for works published up to 5 March 2021. The outcomes analyzed were negative and positive psychosocial responses to gestational grief among women suffering from infertility and undergoing assisted human reproduction treatment. Eleven studies were included, which yielded 316 women experiencing infertility who were undergoing treatment. The most frequently reported negative psychosocial manifestations of grief response were depression (6/11, 54.5%), despair or loss of hope/guilt/anger (5/11, 45.5%), anxiety (4/11, 36.4%), frustration (3/11, 27.3%), and anguish/shock/suicidal thoughts/isolation (2/11, 18.2%). Positive psychosocial manifestations included the hope of becoming pregnant (4/6, 66.6%) and acceptance of infertility after attempting infertility treatment (2/6, 33.3%). We identified several negative and positive psychosocial responses to gestational grief in women experiencing infertility. Psychological support before, during, and after assisted human reproduction treatment is crucial for the management of psychosocial aspects that characterize the grief process of women experiencing infertility who become pregnant and who lose their pregnancy. Our results may help raise awareness of the area of grief among infertile women and promote policy development for the mental health of bereaved women.

A vindicatory approach to tortious liability for mistakes in assisted human reproduction

Legal Studies ◽  
2019 ◽  
Vol 40 (1) ◽  
pp. 55-76 ◽  
Author(s):  
Andrea Mulligan
Keyword(s):  
Healthy Child ◽  
Strict Liability ◽  
Human Reproduction ◽  
Memorial Hospital ◽  
Reproductive Autonomy ◽  
Embryo Donation ◽  
England And Wales ◽  
Assisted Human Reproduction ◽  
Per Se ◽  
The Right

AbstractMistakes in assisted human reproduction procedures such as IVF, egg, sperm and embryo donation are surprisingly common, but tortious liability for such mistakes has not been addressed in the courts of England and Wales, or Ireland. This paper presents an argument in favour of a vindicatory approach to tortious claims arising from mistakes, where the claimants are the parents of the resulting, healthy, child. Drawing on the analogous tort of wrongful pregnancy, the paper provides a vindicatory account of the case of Rees v Darlington Memorial Hospital, and argues that Rees signposts the correct approach for tortious claims arising from mistakes in assisted human reproduction. It is argued that while the law should not compensate ‘loss’ flowing from the birth of a child, parents should be entitled to an award of damages to vindicate their right to reproductive autonomy. The paper explores vindication of the right to reproductive autonomy through the tort of negligence, but argues that vindication may be more effectively achieved through the creation of a separate tort which is actionable per se, strict liability, and expressly focused on vindication rather than compensation.

scholarly journals Observations on certain physiological processes of the marmot— III, IV and V

1930 ◽  
Vol 107 (750) ◽  
pp. 241-247 ◽  
Keyword(s):  
Left Ventricle ◽  
Oxygen Saturation ◽  
Differential Method ◽  
Post Mortem ◽  
Post Mortem Examination ◽  
Physiological Processes ◽  
Arterial Blood ◽  
The Subject ◽  
The Right ◽  
Heart Wall

The oxygen saturation of the arterial blood was the subject of observations upon two hibernating marmots. Blood from the left ventricle was with-drawn by the method of cardiac puncture. The blood was not exposed to air. Post-mortem examination of the heart wall established the facts that the needle penetrated the wall of the left chamber and not that of the right. The analysis of the blood was made by the differential method. The marmots were sleeping soundly. The effects of Alterations of Temperature on the Oxygen Equilibrium of the Red Corpuscles . Experiments were made on the relation of temperature to the oxygen-combining power of the corpuscles; I am grateful to Dr. Stier and Dr. Rothschild for assistance in these experiments.

Assisted Human Reproduction by Medical Techniques and the Respect of the Fundamental Rights and the Dignity of the Parts Involved

2019 ◽  
pp. 242-255
Author(s):  
Roberto Wider
Keyword(s):  
Real Life ◽  
Fundamental Rights ◽  
Human Reproduction ◽  
Orientation Discrimination ◽  
Assisted Human Reproduction ◽  
Sexual Orientation Discrimination ◽  
Biological Children ◽  
Before And After ◽  
The Subject ◽  
And Gender

Dealing with the subject of the fundamental rights of people involved in medically assisted reproduction, this chapter focuses on the issues surrounding the LGBTI+ population (lesbians, gays, bisexuals, transsexuals, intersexuals, and new genders that are being recognized). Within this group, the importance of biological children, even amongst those who cannot naturally reproduce, is also highlighted. Firstly, the author points out the laws that determine the child's protection, then compares them to real-life examples of actual situations of homophobia including physical and psychological abuse, understanding that children are also subject to the same abuse, not only due to sexual orientation discrimination and gender identity but also from having to grow up in a so-called unusual family structure. The author looks for an answer that will help strengthen the child's fundamental rights both before and after birth.

scholarly journals Relevant questions of creating hereditary fund in the Russian legislation: current state and prospects for its improvement

2021 ◽  
pp. 46-58
Author(s):  
Mariya Vladimirovna Vronskaya ◽  
Diana Yur'evna Nikitenok
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Full Potential ◽  
Technical Improvement ◽  
Inheritance Law ◽  
The Subject ◽  
The Russian Federation ◽  
The One ◽  
The Right

The subject of this research is the novelty of civil legislation – hereditary fund, which is characterized by dual legal nature; on the one hand, as a subject of inheritance law, while as property asset managed. The object of this research is the totality of legal relations that emerge due to creation of hereditary funds, determination of their legal status, and implementation of their activity associated with ensuring the safeguard of assets and effective management of mass of inheritance for the purpose of realization and protection of the property interests of beneficiaries (heirs, creditors). The author examines the current mechanism for creating a nonprofit fund in accordance with the provisions of legislation and civilized doctrine,  and notary practice, as well as outlines a range of problems that affect unlocking full potential of this institution (property, social, and economic). The scientific novelty is reflected in the author's recommendations for solution a number of legal issues is creation of the hereditary fund. The conclusion is made on the need for further legislative and technical improvement of the provisions of hereditary funds in the Russian Federation, reducing imperativeness and expansion of the allowable principles in their legal regulation, namely a testamentary prescription on the creation of hereditary fund may determine the purpose and lists of activity of the hereditary fund, the subject and property responsibility for the implementation of registration acts with regards to creation of hereditary fund, as well as possibility of granting the beneficiary of the fund the rights of the sole executive body. The mandatory nature of prescriptions to establish 6-month term for registration of hereditary fund; application of the Article 10 of the Civil Code of the Russian Federation in the instance of abuse of the right to agree on candidates for the administration of hereditary fund; establishment of equality of rights to devised property of hereditary fund not only to beneficiaries, but also to forced heirs (creditors) in appropriate shares.

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