Assisted reproduction technology and inheritance: examining the laws of Spain and Mexico

Abstract

Assisted reproduction technology (ART) is a growing and quickly advancing field of medicine in today’s modern world. As technology improves, individuals who previously would not have been able to have children now can, through the use of techniques including in vitro fertilization, artificial insemination, and surrogacy. It is now even possible for individuals to have genetic descendants conceived after their death. In the world at large, as many as 2.4 per cent of all live births in Europe1 and 1 per cent in the USA2 are conceived through ART procedures. While the medical science is advancing rapidly in this area, the law tends to lag behind. Who will be treated as the legal parents of these children and, importantly, from whom will they inherit? This article examines the intersection of assisted reproduction and succession and inheritance law in two countries—Spain, a leader in progressive legislation in Europe, and Mexico, which combines a broad federal approach to ART with a varied set of state laws.