Language:
Hebrew
Year of publication:
2021
Titel der Quelle:
משפט ועסקים
Angaben zur Quelle:
כד (תשפא) 223-277
Keywords:
Human reproductive technology Law and legislation
;
Paternity
;
Posthumous children
Abstract:
The article is aimed to go some way towards endorsing the narrow borders the Israeli Supreme Court as well the district court have been recently given in the case of posthumous reproduction. These restricted outlines permit using the sperm of the deceased only when he left explicit instructions and/or his spouse teaches us about his "presumed" will to reproduce after his death. It will discuss, first and foremost, the abovementioned verdicts and will claim that they can be reconciled with the forthcoming non-permissive legislation. Afterwards, I will criticize what looks like the new Renaissance of the former permissive judiciary rulings in some of the most recent Israeli verdicts. Finally, I will offer the appropriate normative limits of this usage. Inter alia, I will elaborate the central and substantial place of the intent, will and agreement in this tragic issue and offer my innovative notion of "modern status". These outlines will bridge over, on the one hand, the conservative Israeli upcoming legislation and the mainstream of the recent judiciary rulings and, on the other hand, the liberal former and some of the most recent verdicts. Finally, I will conclude the article with a call to the Israeli legislature to adopt the narrow normative limits I offer in this article as soon as possible.
URL:
אתר את הפרסום בקטלוג המאוחד של ספריות ישראל
