La fecondazione post-mortem: irriducibile ossimoro o nuova frontiera del biodiritto?

Recently some jurisprudential novelties, linked to the use of medically assisted procreation, have reignited the debate on family law and on the limits to the usability of some peculiar medical-surgical techniques. The student of civil law, and in particular of filiation, rotates his interpretative arguments around two fixed points, the necessary link between filiation and physical relationship between man and woman, and the certainty that the child born of a woman is also biologically his son. The new techniques of artificial insemination and the events that often occupy the front pages of the newspapers, on the other hand, have raised issues that the jurisprudence painstakingly and with caution has tried to solve. One of the most controversial aspects is precisely that related to the c.d. post-mortem fertilization. The use of this type of fertilization poses various problems from a legal and ethical point of view. The present essay aims to analyze the main ones.