The Effect of Post Human Reproduction in Inheritance Relationships
The Effect of Post Human Reproduction in Inheritance Relationships

Summary/Abstract: The rapid development of technology and medicine is posing a challenge to other sciences. This development has broken down the traditional boundaries of science and nature. The conception of a child by a natural and biological process is complemented by a technological and medical process. This fact is best observed in the case of artificial insemination, surrogacy, and post human reproduction. Post human reproduction represents the conception and birth of a child after the death of the parent. This way of conceiving a child has changed the conventional biological methods to date. Due to the conception of children after the death of the parent, a time vacuum is created that seems as if the child is separated from the parent. According to the legislation of North Macedonia, a woman can be fertilized for up to one year after the death of her husband. The issue of this time distance opens dilemmas in terms of gaining rights from the inheritance relationship, as the father of the child is considered the spouse of the mother who gave birth to the child during the continuation of the marriage or 300 days after the dissolution of the marriage. In the case of post human reproduction, the child will be born 300 days after the death of the father and will not be able to inherit the genetic father. Such an approach to legislation constitutes to child discrimination, in which case the law must change and adapt to the new circumstances of social relations. On the contrary, although the children biologically belong to the testator and must be the first-degree heir of the inheritance, due to such a legal provision the same is excluded.

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