Original scientific paper
Medically assisted procreation and family law conflicts of interest
Mira Alinčić
Abstract
There are no regulations in Croatia which fully regulate medically assisted procreation procedures. The obsolete legislation (of 1978) regulates only the procedure of insemination of the wife (by the semen of the husband or the donor). In practice, other medical assistance procedures are also applied, which are not regulated by law.
The article contains the analysis of several proposals about which, in the preparation of new legislation, there are contradictory opinions. The examples of the proposed regulations are commented which, according to the author’s opinion, do not provide for adequate protection of the rights and interests of children procreated and born with medical assistance.
There are objections, among others, to the possibility for a woman to become a parent herself (without the life union with the male partner) and thus deprive the child from any connection with the other, genetic parent, which is contrary to the principle of the best interests and welfare of the child. Likewise, the child’s right to know who his or her parents are would be violated if regulations did not allow the child the access to all data on the donor(s) of the sex cell, but only limited information on the donor’s health (which is not in compliance with the provisions of the Convention on the Rights of the Child, Articles 3 and 7).
Keywords
medically assisted procreation; disputes on the origin of the child; priority of the best interests of the child
Hrčak ID:
5065
URI
Publication date:
20.6.2006.
Visits: 3.180 *