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Reproducerea umană asistată medical
Medically Assisted Human Reproduction

Author(s): Codruţa Hageanu
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: medically assisted human reproduction; the right to conceive; the right to have children; parentage; paternity; third donor.

Summary/Abstract: Medically assisted human reproduction is at the crossroads between medicine and law, involving mandatory the setting of strict rules on legal bonds formed between the persons involved and the child conceived this way. This paper contains references to the European Court of Human Rights jurisprudence regarding the recognition of a right to conceive and have children, but also to the Romanian legislation, the legislation contained in the Civil Code which refers only to the legal regime of affiliation in the case of medical reproduction involving a third donor. The conditions in which medically assisted human reproduction can be performed, the allowed and prohibited medical techniques, their legal regime, as well as the manner to ensure confidentiality will be subject to a special law. The difficulty of its adoption arises from the fact that all projects drafted so far were disavowed either by the Christian or by the medical organizations.

  • Issue Year: 2013
  • Issue No: 01
  • Page Range: 36-43
  • Page Count: 8
  • Language: Romanian