THE CONTRACTUALIZATION OF FILIATION AND MEDICALLY ASSISTED HUMAN REPRODUCTION TECHNIQUES
THE CONTRACTUALIZATION OF FILIATION AND MEDICALLY ASSISTED HUMAN REPRODUCTION TECHNIQUES

Summary/Abstract: The last century has brought with it many scientific discoveries in the field ofreproduction, which, besides being considered steps towards a new biological revolution, poseproblems in the field of law, especially in the family (filiation) or succession. However, theconviction that all that means scientific or medical discovery is the equivalent of a moral, corrector legal fact must not be absolute. Is it ethical, is it moral to use these techniques? Who couldanswer 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 (Guțan 2011) call eugenicselection (Popescu 2013)? Since 1978, since the first assisted birth, progress has been made inall areas. Countries such as the UK, US or Belgium have permissive legislation on medicallyassisted human reproduction techniques, others like Italy or Germany only allow certainreproductive techniques.With regard to the techniques of medically assisted human reproduction, the ECHRjurisprudence shows that they raise problems that are ethically and morally sensitive. Also, thereis no uniform approach in Europe in this area, therefore the decision on the principles andpolicies to apply in this sensitive area has to be taken by each state.

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