The China Mail - European rights court upholds French ban on posthumous procreation

USD -
AED 3.672499
AFN 68.253087
ALL 83.11189
AMD 382.193361
ANG 1.789783
AOA 917.000026
ARS 1296.544538
AUD 1.528585
AWG 1.80075
AZN 1.696679
BAM 1.671124
BBD 2.016064
BDT 121.314137
BGN 1.671124
BHD 0.376469
BIF 2977.656257
BMD 1
BND 1.280215
BOB 6.899645
BRL 5.400897
BSD 0.998505
BTN 87.326014
BWP 13.362669
BYN 3.331055
BYR 19600
BZD 2.005639
CAD 1.38055
CDF 2894.999659
CHF 0.806593
CLF 0.024576
CLP 964.096211
CNY 7.182101
CNH 7.188899
COP 4046.909044
CRC 504.549921
CUC 1
CUP 26.5
CVE 94.215406
CZK 20.904397
DJF 177.810057
DKK 6.37675
DOP 61.460247
DZD 129.567223
EGP 48.265049
ERN 15
ETB 140.628786
EUR 0.85425
FJD 2.255896
FKP 0.737781
GBP 0.73749
GEL 2.69002
GGP 0.737781
GHS 10.833511
GIP 0.737781
GMD 72.556834
GNF 8657.239287
GTQ 7.658393
GYD 208.817875
HKD 7.82575
HNL 26.13748
HRK 6.43703
HTG 130.653223
HUF 337.801955
IDR 16203
ILS 3.377065
IMP 0.737781
INR 87.513502
IQD 1307.984791
IRR 42112.498309
ISK 122.380298
JEP 0.737781
JMD 159.772718
JOD 0.709043
JPY 147.015017
KES 129.004144
KGS 87.378803
KHR 3999.658222
KMF 420.499871
KPW 900.000002
KRW 1388.969924
KWD 0.30547
KYD 0.832059
KZT 540.872389
LAK 21611.483744
LBP 89415.132225
LKR 300.542573
LRD 200.196522
LSL 17.559106
LTL 2.95274
LVL 0.60489
LYD 5.400094
MAD 8.995172
MDL 16.64972
MGA 4442.260862
MKD 52.578289
MMK 2099.537865
MNT 3596.792519
MOP 8.046653
MRU 39.940189
MUR 45.639973
MVR 15.409613
MWK 1731.362413
MXN 18.74305
MYR 4.213061
MZN 63.878349
NAD 17.559106
NGN 1532.720333
NIO 36.741146
NOK 10.19984
NPR 139.721451
NZD 1.688633
OMR 0.384218
PAB 0.998505
PEN 3.559106
PGK 4.154313
PHP 56.552991
PKR 283.287734
PLN 3.644209
PYG 7312.342462
QAR 3.640364
RON 4.325802
RSD 100.123895
RUB 79.719742
RWF 1445.80681
SAR 3.752502
SBD 8.223773
SCR 14.949545
SDG 600.498151
SEK 9.55527
SGD 1.277201
SHP 0.785843
SLE 23.310995
SLL 20969.49797
SOS 570.598539
SRD 37.559872
STD 20697.981008
STN 20.933909
SVC 8.736703
SYP 13001.821653
SZL 17.553723
THB 32.45029
TJS 9.310975
TMT 3.51
TND 2.918187
TOP 2.342098
TRY 40.873025
TTD 6.774896
TWD 30.032501
TZS 2608.535908
UAH 41.211005
UGX 3554.492246
UYU 39.945316
UZS 12562.908532
VES 135.47035
VND 26270
VUV 119.143454
WST 2.766276
XAF 560.479344
XAG 0.026308
XAU 0.0003
XCD 2.70255
XCG 1.799547
XDR 0.697056
XOF 560.479344
XPF 101.901141
YER 240.275009
ZAR 17.59525
ZMK 9001.17429
ZMW 23.140086
ZWL 321.999592
  • RBGPF

    2.8400

    75.92

    +3.74%

  • SCS

    -0.0500

    16.15

    -0.31%

  • NGG

    -0.1300

    71.43

    -0.18%

  • GSK

    0.5581

    39.36

    +1.42%

  • RELX

    0.2700

    47.96

    +0.56%

  • AZN

    0.7000

    79.17

    +0.88%

  • BCC

    -0.6300

    85.99

    -0.73%

  • BTI

    -0.2700

    57.15

    -0.47%

  • RIO

    0.2000

    61.24

    +0.33%

  • CMSC

    0.0300

    23.12

    +0.13%

  • JRI

    0.0835

    13.36

    +0.62%

  • CMSD

    0.0505

    23.34

    +0.22%

  • BCE

    0.2400

    25.61

    +0.94%

  • VOD

    0.0300

    11.67

    +0.26%

  • RYCEF

    -0.2100

    14.71

    -1.43%

  • BP

    0.1892

    34.33

    +0.55%

European rights court upholds French ban on posthumous procreation
European rights court upholds French ban on posthumous procreation / Photo: © AFP

European rights court upholds French ban on posthumous procreation

The European Court of Human Rights (ECHR) on Thursday upheld France's ban on procreation using stored gametes or embryos originating from a person who has since died.

Text size:

The judges considered the cases of two women born in 1992, who had sought to have frozen sperm or embryos from their deceased partners transferred to Spain, where posthumous procreation is legal.

One couple, who had been together for 11 years, had sperm frozen soon after the man was diagnosed with brain cancer.

But the woman was unable to conceive a baby through artificial insemination before her husband died in 2019.

She asked that the stored gametes be exported to Spain.

A second woman had already had two children with her husband, the second born through in-vitro fertilisation as the man began suffering from leukaemia.

They were able to store five embryos in 2018, with the woman asking that they be transferred to Spain the following year.

Both women appealed to the ECHR after French authorities refused to allow the transfers.

France's public health code bars posthumous procreation, as well as export of gametes or embryos for purposes illegal under French law.

But the women argued that the government was breaching their rights under Article 8 of the European Convention on Human Rights, which guarantees respect for private and family life.

- 'A fair balance' -

The European judges found that "domestic authorities had struck a fair balance between the competing interests at stake" and that Paris was "within its discretion" to determine how to treat gametes and embryos.

"In making the contested requests, the applicants' sole aim had been to circumvent French law... they had not put forward any particular arguments that would have justified the law not being applied in their cases," the court said in a statement.

The judges did have one reservation, noting that since 2021 single women and lesbian couples have been able to have children through medically assisted reproduction.

This "reopened the debate as to the relevance of the justification for maintaining the prohibition" on posthumous procreation, they said.

"The Court reiterated that, while (member) states enjoyed a wide discretion in the bioethical sphere, the legislative framework put in place by them had to be coherent," the statement read.

Elsewhere in Europe, Portuguese woman Angela Ferreira last month gave birth to a baby born from the frozen sperm of her dead husband, after her campaigning got a similar ban overturned in 2021.

S.Davis--ThChM