Actions regarding the filiation with regard to mother in the case of surrogate motherhood. Clarifications in the practice of the Romanian courts of law Cover Image
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Acţiuni privind filiaţia faţă de mamă în ipoteza maternităţii de surogaţie. Dezlegări din practica instanţelor din România
Actions regarding the filiation with regard to mother in the case of surrogate motherhood. Clarifications in the practice of the Romanian courts of law

Author(s): Ioana Nicolae, Georgeta-Bianca Spîrchez
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: filiation; medically assisted human reproduction; surrogate mother; challenging the filiation with regard to the mother; action in establishing the motherhood;

Summary/Abstract: This study bring(back) under discussion the problem of children born as a result of the modern techniques of medically assisted human reproduction, respectively of the legal consequences in the matter of establishing their filiation. Our main concern was to identify and highlight the manner in which the Romanian courts interpreted and delivered solutions in the casefiles which mainly aimed at actions regarding the filiation with regard to the mother, as a result of using the techniques of medically assisted human reproduction – the version of the surrogate mother. As the jurisprudential solutions are not unitary, and the doctrinaire interpretations are characterized by certain controversies, basically, the conclusion drawn is that a better clarification of the related legal regime is required, through the agency of the special laws.

  • Issue Year: 2019
  • Issue No: 1-2
  • Page Range: 427-440
  • Page Count: 14
  • Language: Romanian