Krug korisnika hetorologne biomedicinski potpomognute oplodnje u pravu Federacije Bosne i Hercegovine
The Scope of Consumers of Heterologous Bio-medically Assisted Reproduction in the Law of Federation of Bosnia and Herzegovina

Author(s): Boris Krešić, Ena Morankić
Subject(s): Law, Constitution, Jurisprudence, Health and medicine and law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Biomedically assisted reproduction; Discrimination; Heterologous fertilization; Homologous fertilization; Reproductive cells;
Summary/Abstract: The fast pace of development of bio-medically assisted reproduction combined with conservatism, traditional views and ethical and moral discourse, often results in inability of legislature to respond adequately to the challenges presented and to contain this area in a sphere of law. The law governing bio-medically assisted reproduction was adopted in Federation of Bosnia and Herzegovina as late as in 2018 and its provisions compared to the provisions of similar laws in the neighboring countries are feared to be among the more restrictive ones. Complex issues such as defining the scope of consumers who are eligible for the treatment with bio-medically assisted reproduction related to deciding whether medical procedures of heterologous or only homologous artificial fertilization will be allowed and governing the matter of exporting and importing reproductive cells raise numerous ethical,moral, social and other questions. Finding satisfactory answers to these questions calls for comparison of legal solutions in the positive domestic law with those in force in the neighboring countries which is why this paper puts a special emphasis on the solutions which are fundamentally different. The aim of this paper is to identify relevant theoretical and practical effects that legal solutions have on consumers of bio-medically assisted reproduction.The importance of this research is reflected first and foremost in the currency of the topic since the questions in the field of medicine are urgent.Therefore, it is of utmost importance to understand the matter thoroughly and properly, so as to set the course for regulatory changes in domestic legislation in the field. Understanding these complex issues and acknowledging impacts that current legal solutions may have in the background of constant and rapid development in this field are particularly important, especially in the light of the imminent need to change existing regulation.

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