Maria Gromova, Mikhail Abakumov
POST-MORTEM REPRODUCTION IN ISRAEL: BETWEEN THE AUTONOMY OF THE WILL AND THE COLLECTIVE RIGHT TO REPRODUCE
Abstract. This article examines the legal regulation of post-mortem reproduction in Israel, understood as the practice of conceiving a child after the death of one of the genetic parents. The relevance of the study stems from the absence of codified regulation in this area and from the persistent divergence between the Israeli approach and European legal frameworks, which are predominantly based on the primacy of formalized individual consent. The aim of the article is to identify the mechanisms through which Israeli courts balance the autonomy of the deceased’s will with the interests of the family.
The article addresses issues related to the reconstruction of the deceased person’s presumed will, the legal relevance of family interests, and the limits of permissible post-mortem use of genetic material in the absence of explicit prior consent. The methodological framework of the study includes formal legal analysis, historical and comparative legal methods, doctrinal analysis, as well as content analysis of Israeli judicial practice from 1996 to 2024. The primary empirical material consists of decisions of the Family Courts, District Courts, and the Supreme Court of Israel acting as the High Court of Justice.
The article provides a systematic analysis of regulatory acts issued by the Israeli Ministry of Health, landmark judicial decisions, and doctrinal sources, which makes it possible to identify stable patterns of legal reasoning. The study concludes that the Israeli model of post-mortem reproduction is based on judicial reconstruction of the deceased’s presumed will, taking into account the family’s position and subject to mandatory judicial oversight. The concept of a “collective right to reproduction” is not treated as a subjective legal right in the strict sense, but rather as an analytical construct reflecting the expansion of legally relevant considerations within judicial decision-making.
Keywords: post-mortem reproduction, Israel, reproductive autonomy, collective right to reproduce, bioethics, comparative law.