Post mortem insemination and its effects on family law and probate

Abstract

The present article analyses the legal effects of post mortem insemination in family and inheritance law. Due to the absence of specific legislation, the current Civil Code shows the appli­cable general guideline. However, while it establi­shes a presumption of paternity for the fruits of that technique, it also determines that heirs are individuals “born or already conceived” when the opening of the succession. In this context, the doctrine diverges in systematic interpretation of civil legislation under the light of constitutional principles. The unpublished court decision and the law project n. 90/99 indicate the direction that the issue should take.