THE CONTRACTUALIZATION OF FILIATION AND MEDICALLY ASSISTED HUMAN REPRODUCTION TECHNIQUES

Carmen-Oana Mihăilă

FIAT IUSTITIA, 2020, vol. 14, issue 1, 108-126

Abstract: The last century has brought with it many scientific discoveries in the field of reproduction, which, besides being considered steps towards a new biological revolution, pose problems in the field of law, especially in the family (filiation) or succession. However, the conviction that all that means scientific or medical discovery is the equivalent of a moral, correct or legal fact must not be absolute. Is it ethical, is it moral to use these techniques? Who could answer this question? Probably a balance must be found between the scientific and the moral. Can we be afraid of what might happen, namely what some authors (Gu?an 2011) call eugenic selection (Popescu 2013)? Since 1978, since the first assisted birth, progress has been made in all areas. Countries such as the UK, US or Belgium have permissive legislation on medically assisted human reproduction techniques, others like Italy or Germany only allow certain reproductive techniques. With regard to the techniques of medically assisted human reproduction, the ECHR jurisprudence shows that they raise problems that are ethically and morally sensitive. Also, there is no uniform approach in Europe in this area, therefore the decision on the principles and policies to apply in this sensitive area has to be taken by each state.

Keywords: maternal filiation; paternal filiation; MAHR; biological mother; child (search for similar items in EconPapers)
JEL-codes: K12 (search for similar items in EconPapers)
Date: 2020
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