Publication details

Asistovaná reprodukce a její vliv na právní status (nad)počatého embrya či dospívajícího dítěte

Title in English Assisted reproduction and the impact on legal status of the (over)conceived human embryo or teenage child
Authors

VALC Jakub

Year of publication 2017
Type Article in Periodical
Magazine / Source Časopis zdravotnického práva a bioetiky
MU Faculty or unit

Faculty of Law

Citation
Web Open access časopisu
Field Law sciences
Keywords artificial insemination;surrogacy;anonymous donation;redundant embryo
Attached files
Description Problems associated with low birth rates have been a long time a societal issue which, in the context of the development of modern biomedical technologies, is closely related to methods of assisted reproduction, especially artificial insemination, which is considered in the discourse to be the only reliable treatment of infertility. However, people don´t talk too much about the fact, that it is connected to many ethical and legal questations about disrespect the integrity and dignity of the human embryo. He is not considered to be the goal of these procedures but only a means of realizing the right to family life or the development of science if he becomes redundant. The aim of this article will be to point to the fact that the current legal situation in reproductive medicine degrades an unborn child into mere biological material or the subject of a contractual arrangement in the form of a surrogate agreement without providing him with adequate legal protection. The related legal concept of anonymous donation then has negative influence on the social life and the development of identity of the individual, who was conceived by using these methods. For this purpose, we will focus our attention on critical analysis of the legislation and we will also point to the need to reconsider the current approach of the legislator, which should proportionally take into account not only the interest of the society but also of every (artificially) conceived child.

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