Research on the human embryo conceived in the context of medically assisted procreation, and which are no longer the subject of a parental project, aims to develop the technology of medically assisted procreation. But the doctrine is divided on the question of the legitimacy of this research. The source of this division is the legal status of the embryo. Is it a thing or is it a person?
If the embryo is a person, research on it is, in principle, prohibited; whereas if the embryo is considered a thing, this research is permitted.
Medically assisted procreation raises many ethical, religious and legal problems, the most important of which is the fate of embryos conceived in the context of medically assisted procreation, and which are no longer the subject of a parental project. The question has arisen as to whether these embryos could be the subject of research.
This study aims to reconstruct the constitutional status of embryos in the era of biotechnology, where in vitro fertilization (IVF), embryo culture, cryopreservation, and embryo research have become commonplace. The current legal order regulates prenatal life in a fragmented manner across different domains. Notably, th...
Jun Yeop Kim, Yoo Jin Kim, Seokmin Jang· Catholic Institute of Bioeth...· 0 citations
On the eve of the twenty first century, India is at a tipping point in the regulation of Assisted Reproductive Technology (ART) with two legislation Acts namely, the Assisted Reproductive Technology (Regulation) Act, 2021 and the Surrogacy (Regulation) Act, 2021. This formally introduced the idea of regulation in a spa...
Shayani Chakraborty, Souvik Roy· Journal of Human Rights Law...· 0 citations
The authors attempt to address several important questions, including the ethical justification and legal certainty of posthumous parenthood, as well as the ethical and medical legitimacy of certain procedures involving unused embryos.
Aleksandra Janković, Ana Čović· Sociološki Pregled· 0 citations
The question of when human life begins is one of the fundamental issues at the intersection of religious ethics, law, and bioethics. This article examines the legal status of the embryo and abortion in Islamic and Jewish legal traditions through a comparative approach. The study analyzes primary religious sources, incl...
Merve Yiğitoğlu, M. Yiğitoğlu· Religions· 0 citations
The contribution explores how questions of liability could be approached through the loss of chance doctrine in tort law, a concept originating in the common law tradition, and provides a conceptual framework for understanding the legal and ethical complexities surrounding surrogacy liability.
P. Gašparová, E. Dosedla, Andrea Erdősová· Bratislava Law Review· 0 citations
This essay argues that the elevation of autonomy from a necessary safeguard to the governing norm of medical ethics leaves important questions unanswered.
Dennis Bielfeldt· Verba Vitae· 0 citations
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