ЗАЧЕЋЕ УЗ ПОМОЋ МЕДИЦИНЕ И ПРАВА ДЕТЕТА
MEDICAL-ASSISTED CONCEPTION AND RIGHTS OF CHILD

Summary/Abstract: The article is an elaboration of issues relatiing to various aspects of artificial conception, and of legal status of the foetus-according to the law on marriage and family relations of Serbia and of other Yugoslav republics, as well as, more particularly, relating to the International Convention on the Rights of Child, of 1989. The author points at the fact according to which the prohibition of inquiry into the paternity of child, conceived artificially by using donor’s semen, introduces a new kind of discrimination between children through the way of conception. The following questions are put by the author in order to find out which interest shold be protected in régula tiong the above matters, namely: whether the interest of sterile spouses (both married and out-of-wedlock), or, perhaps, even that of an individual wanting to become a parent in that way, then, whether such protection should include the interest that relevant data should stay professional secret, or the prevailing interest should be that of the child who should be entitled to know of its origin. The author considers that the above International Convention does not solve the problem of discrimination of out-of-wedlock children, either, as compared to those bom in marriage; that conclusion applies also to the problem of discrimination between children by way of their conception.

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