The blog post delves into the Baret & Caballero v. France case, focusing on the denial of posthumous reproduction rights under Article 8 of the European Convention on Human Rights (right to respect for private and family life). Two French women sought to use posthumous medically assisted reproduction (MAR) in Spain, facing refusal from French authorities due to an absolute ban on posthumous reproduction. The European Court of Human Rights (ECtHR) upheld the ban, emphasizing the wide margin of appreciation given to the state in ethically sensitive matters. Spaander critiques the Court's reliance on this margin, raising concerns about protecting the rights of the unborn child versus the embryo, questioning the ban's aims, and highlighting issues with the concept of free and informed consent. It concludes by expressing unease about the consequences for the applicants and urging a more assertive stance by the Court on reproductive rights under Article 8.