5. Reproducerea umană asistată medical cu terț donator – în reglementarea Codului civil
5. Medically assisted human reproduction with third donor – in the civil Code regulation

Summary/Abstract: The spectacular progress achieved over the last two decades in the area of medical and genetic research has favoured the development of new technologies for artificial procreation, which has led to the appearance of a new type of filiation, resulting from medically assisted human reproduction. The filiation of the child resulting from medically assisted human reproduction with a third donor is mandatorily and, mostly, irrevocably established with regard to the members of the parental couple/the mother-to-be, who have/has consented and resorted to this procreation method. The Romanian legislator takes into account solely the exogenous medically assisted procreation, which involves the use of genetic material that does not belong to one or both members of the couple (without distinguishing between the cases in which the two future parents are married or not), and not the endogenous one, since in this case, the matter of filiation does not entail any particular problems, as the resulting child has the same juridical status as the one born through natural procreation.

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