Unusual case in the Romanian Justice: a widow wants to become a mother with the embryo designed with the deceased husband. His family opposes
A woman from Iași filed a request in court to use an embryo designed by in vitro fertilization with her husband, who died in a road accident a week before implantation.
A widow from Iasi wants to become a mother with the embryo conceived with the deceased spouse Photo: Archive
A woman from Iasi is fighting in court to allow the implantation of an embryo designed with her husband, who died in a road accident six days before the procedure. The man's family opposes, invoking moral and inheritance reasons, while the case raises unprecedented legal problems.
Emilia C. and her husband were together for 20 years, but they failed to have children. In March 2023, they appealed to “in vitro” fertilization. The first attempt failed, and the couple scheduled for the implantation of the second embryo on May 25, 2023.
Just six days before the procedure, the 39-year-old man died in a car accident. Two months later, after recovering from shock, Emilia decided to continue the trial to become a mother, reports Ziar de Iași.
The refusal of the clinic
When he asked the clinic to continue the procedure, the answer was negative. The contract provided that in case of “Death of one of the beneficiaries”it ceases, and unused embryos are destroyed.
Emilia challenged this rule in court, arguing that her husband's situation is comparable to that of a sperm donor, where consent is no longer necessary after harvesting.
Husband's family, against task
The parents and brother of the man were categorically opposed. They have accused Emilia of “Immorality and selfishness”, Claiming that the arrival of a child would radically change the division.
In the absence of some descendants, the law stipulates that the wealth is divided between the surviving spouse, parents and brothers. If there are children, they receive three quarters of wealth, and the rest returns to the surviving husband, the parents and brothers being excluded.
A rare decision in Romanian justice
The judges have acknowledged that there is no clear legislation in Romania for such cases and have appealed to the ECHR jurisprudence. In the first instance, they gave justice to Emilia, considering that the death of the husband was “a case of force majeure“Which cannot automatically lead to the termination of the contract.
“The creation of life in the laboratory is upset by the concepts of family, procreation, maternity, paternity …”, The magistrates noted, emphasizing the complexity of the moral and legal dilemma.
The representatives of the clinic did not oppose firm and stated that they are willing to continue the procedure if the court decides in this regard.
The sentence of the Iasi Court is not final and can be appealed, but for Emilia time is essential.
