POSTHUMOUS CONCEPTION: LEGAL CONSEQUENCES AND JUDICIAL PRACTICE

Modern reproductive technologies present new challenges for legal systems, particularly concerning the status of children conceived after the death of one parent. The relevance of this topic stems from the legal uncertainty surrounding their inheritance rights, entitlement to social security, and the establishment of paternity. The development of technologies such as in vitro fertilization and biomaterial cryopreservation necessitates appropriate legal regulation and the adaptation of legislation to contemporary realities. The main objective of this article is to identify and analyze legal gaps in Russian legislation regarding children conceived after the death of a parent, in light of the Constitutional Court of the Russian Federation’s ruling of February 11, 2025. It also aims to propose possible solutions and examine issues of legal uncertainty in the context of inheritance and social protection. The research methods include a comparative analysis of the legislation of Russia and foreign countries, as well as the study of judicial practice, including decisions of the Constitutional Court of the Russian Federation. The article examines the legal positions of Germany, France, the United Kingdom, and the United States, highlighting various approaches to posthumous conception and the rights of such children. The key sections of the article address inheritance law, social security, and international regulatory practices concerning posthumous conception. The conclusions emphasize the need for legislative changes to recognize posthumously conceived children as legal heirs and recipients of social protection. The article proposes reforms in family, inheritance, and pension law to eliminate existing legal gaps and ensure the protection of such children’s rights within the Russian legal system. Additionally, it underscores the importance of developing unified approaches to regulating these issues at the international level.