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Article
One Way to Be Born? Legislative Inaction and the Posthumous Child
Marquette Law Review
  • Karin M. Mika, Cleveland State University
Document Type
Article
Publication Date
7-1-1996
Keywords
  • artificial insemination,
  • posthumous child,
  • legislative inaction,
  • reproductive rights
Abstract
This article argues that the posthumous child and the rights and responsibilities relating to such a child are directly related to the fundamental right to procreate. It argues that legislation must necessarily incorporate that right in sorting out issues related to the posthumous child and deviate from the standard principles of contract laws which have been applied in the past. This article examines the history, case law, federal decisions, and current legislation pertaining to artificial insemination. It argues that such legislation is inadequate and that legislatures must act promptly to address the realities of the posthumous child.
Citation Information
Karin Mika, One Way to Be Born? Legislative Inaction and the Posthumous Child, 79 Marquette Law Review 993 (1996)