The right of a child started with assisted reproduction aid to get information of its donors: Comparative law solutions

Stjepanović, Bogdana

doi:10.5937/spz1803233s

Strani pravni život

2018

DOI: 10.5937/spz1803233s

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The right of a child started with assisted reproduction aid to get information of its donors: Comparative law solutions

Bogdana Stjepanović

Abstract: Pravo deteta da dobije informacije o svom donoru a samim tim i o svom genetskom poreklu izvodi se iz prava deteta da zna ko su mu roditelji, što je predviđeno članom 7. Konvencije o pravima deteta. Da bi se član 7 shvatio na odgovarajući način potrebno ga je tumačiti uz osvrt na član 8 iste konvencije-pravo deteta da očuva svoj identitet, kao i na član 8 Evropske konvencije o ljudskim pravima-pravo na poštovanje privatnog i porodičnog života. U pogledu prava deteta začetog postupkom asistirane reprodukcije da … Show more

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Cited by 2 publications

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Cross-Border Surrogacy and the Right to Respect for Family Life

Corac

2023

SPZ

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Surrogacy is indisputably connected with the right to respect for family life guaranteed by Article 8 of the European Convention on Human Rights and Fundamental Freedoms. In the practice of the European Court of Human Rights (ECHR), many issues are open as disputable, among other things also in the context of the connection between cross-border surrogacy and the right to respect for family life. Taking into account the circumstances of each specific case, ECHR considered, first of all, the question of the (non)existence of a genetic link between the intended parents and the child born by the surrogate mother, the duration of cohabitation between them and the legal uncertainty that surrogacy creates, i.e., their possible impact on the violation of the right to respect for family life.

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Cross-Border Surrogacy and the Right to Respect for Family Life

Corac

2023

SPZ

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In vitro fertilisation from an anonymous donor: Dilemmas from the aspect of bioethics and the child's right to know his/her biological origins

Čović¹,

Stjepanović²

2022

Sociološki pregled

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In recent decades, we have witnessed significant changes in the field of family law and a changed social reality, which brought with it changes in legal regulations in international law and comparative legislation of various countries. When discussing the issues that concern human life, death, health, and in this relation the abuse of certain medical devices and treatments, it appears that the issues that give rise to the strongest controversy are the issues of euthanasia and abortion, the issue of organ donation, as well as the issues of surrogacy and in vitro fertilisation, especially in situations when the donor is anonymous. In this situation, the question of the child's right to know his/her biological origins may reasonably be raised, since this is one of his/her fundamental, guaranteed rights, the exercise of which does not depend, and can never depend, on the willingness of the state, i.e., its authorities, and individuals who participate in the birth of a child with the use of reproductive technologies. The question is raised as to whether the right to plan a family and the right to decide freely on having a child in these situations are in complete contrast with the right of the child to have access to the truth about his/her biological origins and biological parents, regardless of primary motivation for making decision on the participation in this process, this process also acquiring over time some elements of genetic engineering, and the result of which is a living being with conscience, emotional, social, and psychological needs, but also all the rights that derive from natural law, given by God, which exists independently of the legislator, that can govern any matter in a way that at a certain time (does not) correspond to a wider social consensus. The authors will present in this paper an overview of certain comparative legal solutions in this area, as well as court rulings that call into question the legality and ethics of the procedures implemented so far, as well as their consequences that we are still to face in the years to come, with the aim of establishing whether the right to decide freely on having a child in these cases and the child's right to know his/her biological origins are in complete contrast or whether these two rights may be reconciled after all.

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The right of a child started with assisted reproduction aid to get information of its donors: Comparative law solutions

Cited by 2 publications

References 2 publications

Cross-Border Surrogacy and the Right to Respect for Family Life

Cross-Border Surrogacy and the Right to Respect for Family Life

In vitro fertilisation from an anonymous donor: Dilemmas from the aspect of bioethics and the child's right to know his/her biological origins

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