March 22/Cleveland: Legal and Ethical Implications of Posthumous Reproduction

In Astrue v. Capato, 132 S. Ct. 995 (2012), the Supreme Court held that children conceived through in vitro fertilization after the death of a parent were not automatically entitled to survivor benefits under the Social Security law. The Court stated that the children’s eligibility to receive the benefits depended upon their ability to inheritance under the state’s intestacy system.
The facts of the Astrue case indicate just one of the legal consequences of posthumous reproduction. The Symposium aims to give judges, legislators, practicing attorneys and academics the opportunity to present research that highlights the legal and ethical issues that may occur because of the availability of posthumous reproduction.
Title:
The Legal and Ethical Implications of Posthumous Reproduction
When/Where:
Friday, March 22, 2013
1:00pm - 5:00pm
Moot Court Room
Cleveland-Marshall College of Law
1801 Euclid Ave
Cleveland, Ohio 44115
Speakers:

• Hilary Young, Assistant Professor in the Faculty of Law at the University of New Brunswick, will discuss why presuming consent to some kinds of posthumous reproduction situations maximizes the positive outcomes for the living partner while minimizing the risk of interferences with the interest in not becoming a posthumous parent against one’s will.
• Jennifer Bard of Texas Tech University School of Law and Dr. Lindsay Penrose will together focus more specifically on the practical every day medical and legal issues concerning posthumous reproduction, with emphasis on the female perspective.
• Maya Sabatello of Columbia University Law School will focus her discussion on the children born from posthumous reproduction and the challenges that each one faces.
• Jessica Knouse from the University of Toledo Law School will broadly discuss constitutional rights arguments concerning posthumous reproduction. She will assess whether and to what extent the deceased should possess procreational rights, concluding that the postmodern theory should be applied to develop a framework for mediating between the multiple procreational rights that may be implicated in posthumous reproduction cases.

Credit:
3 free hours pending
By:
Cleveland-Marshall College of Law,
More:
https://www.law.csuohio.edu/newsevents/events/2013032213001846