A FEW REFLECTIONS REGARDING THE MEDICALLY-AIDED REPRODUCTIONS WITH REFERENCE TO THE PROVISIONS OF THE NEW CIVIL CODE

Abstract

Currently, the so fast evolution of the medical sciences and of the biotechnology has placed the right in front of a new challenge: medically-aided reproductions became increasingly more a reality in the Romanian society too. Not only the fast progress of the science generated this challenge, but also the fact that today a general tendency to place the person in the centre of the juridical universe manifests because to speak about freedom of procreation implies to place person’s rights before those of the community. This new way of obtaining the quality of subject of law gave birth to some ethical, moral, even religious, but mostly legal controversy through the major implications which it has on some institutions such as: filiation, kinship, adoption, human rights, etc.. Trying to answer this polemics, the New Civil Code consecrate as an absolutely novelty the general principles regarding the filiation regime, the responsibility of child’s father, the conditions of action in denial of paternity, the confidentiality of informations, in an entire section titled “Medically-aided reproduction with third donor.” Thus, the present article urges to a reflection on this new regulations to see to what extent they manage to fill the legislative gap of this domaine. Key-words: medically-aided reproduction, filiation, the rights of personality, New Civil Code, the freedom of procreation