Posthumous Reproduction in Iraq and Australia: Lessons for Iraqi Law

Abstract

The contemporary achievements in the domain of human reproductive technology have opened the door for possibility of conducting artificial fertilization after death of a partner, which is known as posthumous reproduction. This matter may raise several legal issues in different countries around the world. The principal issue is represented in the determination of whether or not posthumous reproduction process should be permissible. The other related issues are represented in determining the status and lineage of children born through posthumous reproduction, and their legal rights in inheritance. The article examines perspective of Iraqi law about posthumous reproduction, as well as setting out the Australian approach for Iraqi law to benefit and learn from it. The article shows that there is no general prohibition under Iraqi law for carrying out posthumous reproduction, which means that this process is legally permissible. The Iraqi legislatures should, however, interfere to set some restrictions and disciplines which limit applying this process, such conditions that should be taken into account in order to carry out posthumous reproduction