Abstract

GUZMAN LOZANO, Jorge Armando  and  TAKITANE, Juliana. Legal, Ethical and Medical Considerations about Post-mortem Reproduction in some Countries of Ibero-America: Integrative Review. rev.latinoam.bioet. [online]. 2021, vol.21, n.1, pp.11-30.  Epub July 23, 2021. ISSN 1657-4702.  https://doi.org/10.18359/rlbi.4758.

The application of assisted human reproduction techniques after the death of one of the genitors is a reality that has gained relevance and support among judges and doctrinaires, although it still finds a wide social rejection, mainly in the face of serious moral, ethical and religious conflicts. Several countries in the region have discussed adapting their laws to the growth of casuistry. In the study, a comparative analysis of the legal, ethical and medical sphere of ibero-American countries is carried out through an integrative review. 21 primary studies were obtained addressing the regulatory situation in Argentina, Brazil, Colômbia , Spain, Peru, Portugal and Uruguay. From these countries, only Uruguay and Spain have permissive regulation for post-mortem reproduction. The first, expressly and the last implicitly. Portugal's legislation is prohibitive for most techniques, with the exception of the posthumous transfer of embryos. Argentina, Colômbia and Peru are not regulated. Brazil is in a special situation, as, there is no specific regulation, the binding nature of some regulations is discussed. Finally, the role of legal medicine has been discussed in the face of new bioethical and biolegal challenges, in practical and theoretical terms, posing participation in the debate that precedes any possible authorization.

Keywords : posthumous reproduction; legislation and jurisprudence; bioethics; Latin America; Spain; Portugal.

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