ПОРОДИЧНОПРАВНИ АСПЕКТ БИОМЕДИЦИНСКИ ПОТПОМОГНУТОГ ОПЛОÐЕЊА У ПРАВУ СРБИЈЕ И ЕВРОПСКИМ ПРАВИМА
FAMILY LAW ASPECT OF BIOMEDICALLY ASSISTED CONCEPTION IN SERBAIN AND EUROPEAN LAW

Summary/Abstract: Free access to biomedically assisted conception for the couples of less than 40 years of age has been introduced in Serbia recently, while in 2009 the Act on curing infertility by biomedically assisted conception was adopted. In this paper the following issues are discussed: notion of biomedically assisted conception, participants in the process, donors, motherhood and fatherhood, status of spare embryos. The author concludes that even though Serbia is one of the last European countries to adopt the Act on biomedically assisted conception and there was an opportunity to use the experiences of other countries in this field and to adopt an act which would be theoretically meaningful and clear, unfortunately this opportunity was not taken. The author expresses hope that the Act would be changed in a near future, in order to clear the lack of clarity and contradictions and harmonize legal solutions with theoretical legal principles in this field. In this paper the author uses comparative method comparing Serbian legislation and legislation of different European countries.

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