Dying to be a Father - About the Appropriate Normative Limits on the Use of the Will of the Deceased to Reproduce after his Death מת ל(ה)חיות – על הגבולות הנורמטיביים הרצויים של עשיית שימוש ברצון הנפטר להולדת ילדים לאחר מותו מותו Dying to be a Father - About the Appropriate Normative Limits on the Use of the Will of the Deceased to Reproduce after his Death

תקציר

The article wishes to endorse the narrow borders allowed in cases heard by the Israeli Supreme Court and the District Court, with regard to posthumous reproduction. These restricted outlines permit using the sperm of the deceased only when he left explicit instructions and/or his spouse teaches us about his "presumed" desire to reproduce after his death. It will discuss, first and foremost, the abovementioned verdicts and will claim that they can be reconciled with the forthcoming non-permissive legislation. I will then criticize what looks like the renaissance of former permissive judiciary rulings in some of the most recent Israeli verdicts. Finally, I will offer the appropriate normative limits of this usage. Inter alia, I will elaborate the central and substantial place of the intent, will and agreement in this tragic issue and offer my innovative notion of “modern status.” These outlines will bridge over, on the one hand, the conservative nature of forthcoming Israeli legislation and of the mainstream of the recent judiciary rulings and, on the other hand, the liberal nature of previous and some of the most recent verdicts. Finally, I will conclude the article with a call to the Israeli legislature to adopt the narrow normative limits I offer in this article as soon as possible.