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"Fabienne Justel has the merit of raising the debate"

August 8 category:Sciences
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"Fabienne Justel has the merit of raising the debate"



Fabienne Justel wants to have a child of her husband who died in 2008.

AFP PHOTO / FRANK PERRY.



Fabienne Justel What arguments can it invoke in court?

One might think that there was a lack of information. Fabienne and Dominique Justel did not know that at the latter's death, his widow could not recover sequins for an insemination. The couple had yet clearly stated its parental project and the medical profession knew Dominique Justel had only months to live. This law raises several issues, including the disparity of European regulations. In Belgium and Spain, the transfer is possible even after the death of the father. If they had known, the couple would certainly stored the sperm straws in another country.

If parental project was underway, why Fabienne Justel she may not get the sperm of her husband?

The 1994 law is paradoxical. As long as the person is alive, even if we know it will die, insemination is theoretically possible. But when she dies, insemination becomes prohibited. The debate is on this particular case. In this case, the husband had agreed. It would establish a "reasonable time" after the death of the husband, during which insemination remain possible in some cases only. It is obviously out of the question to let a woman stand ten years after the death of her husband!

If done on a case by case basis, a new problem will appear, that of the "right to a child" and "children's rights".

The problem already exists. A woman who stored glitter in Belgium and has given birth to her child in France end up with a child as orphan so emotional point of view the child has a father! In French law, a child born more than nine months after the death of the father is not recognized as a legitimate child. This poses a problem of filiation and transmission of heritage. If we are moving towards a permit from the post-mortem insemination, it will change the law on these points there.

For over a year Fabienne Justel began a legal career. Can she win the case?

To be honest, I do not think so. But it had the merit of raising the debate. It always takes special cases for such important issues are discussed at the highest levels. There are many basic and everyday issues that are not discussed enough, although they involve thousands of people: euthanasia, evolution of consent in organ donation ... Mrs Justel certainly benefit from a compensation for "information gap" but that does not give her the child she and her husband as desired.

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