Advocate Irit Rosenblum, founder of the world’s first and only Biological Will Center:
‘This is another milestone in the struggle for human dignity.’
Legal Precedent for New Family Organization: Family Court Approved the Biological Will of Baruch Posniansky, (Z”L) which requested that the sperm he froze and stored at the sperm bank be used to conceive a child after his death.
A precedent-setting verdict was handed down at the Hadera Family Court by Judge Hadas Goldkorn. In the verdict, the Judge stated, ‘I instruct that the plaintiffs may use the sperm of the deceased, stored at the defendant’s sperm bank, in order to inseminate the plaintiff, and may be given the sperm for this purpose’. This is the first time that an explicit Biological Will, a unique legal solution developed by New Family Organization, will be executed by court order. This is an important milestone in the struggle for the right to biological continuity that Irit Rosenblum has been leading since 2001.
In November 2008, three days before his death, Baruch Posniansky, (Z”L), made a written will to his parents in which he requested that they use the sperm he stored at the sperm bank to carry on his biological legacy. He further instructed his parents to find a woman that would bear and raise the child as her own. The verdict that was handed down on April 10 gives court approval for the Biological Will that Baruch left before his death.
The Posniansky Family’s legal battle ended after less than two years. In the past, the Legal Adviser to the Government opposed the conception of posthumous children only on the basis of the deceased’s parents desire to have a grandchild from him. ‘You must consider the welfare of the child, who will be born without a father,’ wrote the legal advisor to the government then. ‘The individual’s right is to bring a child into the world, but there is no automatic right to have a grandchild.’ The Legal Advisor to the Government allowed the deceased’s spouse to make use of stored sperm to have a child under the presumption that it was the deceased’s will. He stated that the parents of the deceased or other relatives that wish to make use of the deceased’s sperm have no legal standing in the matter.’ Any requests to make use of the sperm of the deceased must be submitted to me and get court approval’. However, the State’s Prosecution did not oppose using the sperm of the deceased on the basis of his Biological Will, since the Biological Will clearly and definitively proves the will of the deceased, when the plaintiffs are the parents of the deceased and an intended mother.’
The April 10 precedent makes the Biological Will initiative relevant to anyone who wishes to continue their biological legacy after their death. ‘This is an important day for family rights in Israel and around the world,’ says Advocate Irit Rosenblum, founder and executive director of New Family. ‘We proved that the right to family does not cease with death, and that the right to family is a fundamental human right, even after death’.
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