ARTIFICIAL INSEMINATION - FAMILУ LAW ASPECTS Cover Image

ПОРОДИЧНОПРАВНИ АСПЕКТИ АРТИФИЦИЈЕЛНЕ ИНСЕМИНАЦИЈЕ
ARTIFICIAL INSEMINATION - FAMILУ LAW ASPECTS

Author(s): Marija Draškić
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Maritime Law
Published by: Правни факултет Универзитета у Београду
Keywords: Family law; Artificial insemination; Contesting the paternity; Anonimity

Summary/Abstract: The humanization of family law as far as determining and contesting the paternity of children conceived by way of heterologous articifical insemination are concerned, and its making more similar to the procedure otherwsie applied to naturally conceived children - should contribute to abolishing of discrimination between children who are naturally conceived and those whose birth is a result of this kind of artificial insemination. Therefore in case of heterologous artificial insemination legal rules should be defined so as to make possible the application of that procedure to every woman medikcally unable to make her wish for an offspring come true - meaning the one otherwise living in marriage of in a stable of long-term out-of-wedlock community. Contesting the paternity of a child born in marriage, just as determining the paternity of a child born in an out-of-wedlock community chould not be allowed, because in such a way the conception would be completely admitted according to which sociological parenthood would be legally and socially verified, having a treatment equal to that of biological parenthood. Finally, in keeping with the above, the anonimity of a donor should remain the rule - as the case is in the majority of legal orders, so that factual family could efficiently defend the principle of highest benefit of the child in competeing with the blood-related family.

  • Issue Year: 40/1992
  • Issue No: 4
  • Page Range: 239-264
  • Page Count: 26
  • Language: Serbian
Toggle Accessibility Mode