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Legal Problem Of Reproductive Technology

Posted on:2007-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:Q WanFull Text:PDF
GTID:2166360212458667Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With development of technology, new treatments of infertile and sterile have been invented. We are helped by such as artificial insemination, surrogate mother, Embryos in vitro a lot. But meanwhile, lots of legal problems have been discovered. Traditional structure of marriage and family of civil law has been broken. We must think twice about legal status and civil relationship of babies and their parents in new artificial reproduction technologies condition. The most important is new artificial reproduction technologies bring to new type of crimes. To this new technology, it is necessary to analyze legal problem behind.Babies which born under this new technology maybe lave two or three mothers and fathers, it challenges traditional relationship between children and parents. Medical technology has put forward a large challenge for our legal system, especially how to identify parent of such children. To avoid the improper opinion that children born by assisted human reproduction are peculiar because of the use of special rules, rules identifying their parents should be same as natural bearing, that is to say, to identify a mother according to the birth fact and identify a father according to whether it is born in period of marriage. A father's agreement before surgery will restrict his right of denying the child.And because of separation of marriage and reproduction, rights of reproduction appear. Can single man or woman have babies through technology of reproduction? In Sweden, only married woman can have babies through artificial insemination; in Germany, according to "Embryo Protection Law", artificial insemination can only exert in relationship of marriage; in England, any one can accept artificial insemination; in America, according to prejudices of Supreme Court, unmarried woman has right to accept artificial insemination; in French, artificial insemination is limited in infertile and sterile couples, normal couples and single woman is forbidden to use artificial insemination. Differences of laws among different countries show the complexity of subjective of rights of reproduction.With the progress and development of modern biomedical technology, the natural reproduction of human beings has become a process that could be interposed and controlled technologically. A rational consideration to reproduction technology is helpful for us to pay attention to its duplex effects, to follow strictly to the principle of informed consent. To have a correct attitude to artificial multiple birth and prevent...
Keywords/Search Tags:Artificial Insemination by Husband, Surrogate Mother, Extra-Fertilization Embryo, Rights of Reproduction, Artificial Insemination by Donor
PDF Full Text Request
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