Soarta embrionilor umani congelaţi – o nouă provocare pentru Drept
The fate of frozen human embryos – a new challenge for Law

Summary/Abstract: The fundamental difficulty by which the use of the medically assisted human reproduction techniques is characterized nowadays, relates to the qualification of the frozen human embryos: goods, persons or an intermediary category (?). Nevertheless, the dispute on the cryopreserved human embryos between spouses or genitors or between them, on the one hand, and the fertilization clinics, on the other hand, shall be settled under an agreement, in the North-American law, where the spouses’ right to change their mind prevails. The European Court of Human Rights hesitates to qualify the cryopreserved human embryos as persons and settles the dispute within the meaning of personality rights falling within the scope of art. 8 of the Convention. In Romania, the courts waiting for a special law to be enacted in the matter of the medically-assisted human reproduction, shall be able to settle such disputes only in virtue of the personality rights and of the European Convention on human rights.

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