Family Law and Christian Aspect of Motherhood and Fatherhood in the Procedure of Biomedically Assisted Conception Cover Image

Породичноправни и хришћански аспект материнства и очинства у поступку биомедицински потпомогнутог оплођења
Family Law and Christian Aspect of Motherhood and Fatherhood in the Procedure of Biomedically Assisted Conception

Author(s): Aleksandra Malešević
Subject(s): Christian Theology and Religion, Law, Constitution, Jurisprudence, Religion and science
Published by: Свети Архијерејски Синод
Keywords: biomedically assisted conception; legal approach; procedure goal; parties’ interest; Christian approach; personality; motherhood; fatherhood; biological categories

Summary/Abstract: Legal and a Christian approach to biomedical topics, and consequently with the topic of biomedically assisted conception, have to do with the acceptability of a certain procedure. They differ one from another at the initial point. Within the legal approach, the initial point is the satisfaction of parties ´ interests, i. e. the realization of the goal due to which a certain procedure is being employed. Therefore it is possible to contradict the biological facts in such a procedure, and that is what actually happens in practice. Within a Christian approach to biomedical issues, it is necessary to have a basis in concrete biomedical facts as a requirement for the true treatment of these topics. Motherhood and fatherhood are primarily biological categories and they are to be examined as such. The initial point in the Christian approach is the criterion of the inviolability of human personality. Being unchangeable, that criterion is equally applied within any approach and it cannot be modified due to circumstances. From the Christian aspect, it is not possible to protect one´s interest by doing harm to the interests of another.

  • Issue Year: XLIX/2016
  • Issue No: 2
  • Page Range: 339-362
  • Page Count: 24
  • Language: Serbian