The legal challenges in assisted human reproduction

Article type: Research Article

Authors: Valverde, J.L.

Affiliations: Chair Jean Monnet "Europe of Health", University of Granada, Spain

Abstract: Technological advances during the past decade have dramatically increased the success rates of ART. Unlike the leaps that technology has taken, the law and public policy have been slower to advance. The legal regulation of the techniques that help to overcome infertility problems are based on the fundamental rights of the persons. The freedom to procreate, as a premise to the right to form a family, is the realisation of the free development of personality and, inserts itself in the scope of freedoms and not in that of rights, in a strict sense. We need to consider the meaning of human procreation in all its aspects and entailments. The law must address transcendent ethical worries. However, there must not be confusion between the ethical and legal dimensions. The article identifies and defines, the main problems which face the legislator and which the legal system must respond to. The areas which need regulation are the foundational value of human, the protection of human dignity, the health of the human subjects, human freedom, the intrinsic value of new knowledge, the promotion of justice and equality, privacy, without forgetting, the relief of the suffering of those afflicted with infertility. The regulation of informed consent is another essential element of the exercise of the assisted reproduction techniques. Legal systems must provide an adequate response to all of the above issues. Although there are some discrepancies between the legislation of different countries, there are also some significant similarities. The response in each country was conditioned by its cultural, religious and social traditions.

Journal: Pharmaceuticals, Policy and Law, vol. 9, no. 1-2, pp. 163-185, 2007