UBACyT research projects
Starting date of the project
July 1, 2011
Ending date of the project
June 30, 2013
Code
20020100200050
Type of project
Group training
Title
Towards a regulation of assisted human reproduction from the social-legal perspective, Bioethics and Human Rights.
Director
Marisa Herrera
Contacto
| MEMBERS | ||
|---|---|---|
| N° | Name | Category |
| 1 | Martín Miguel Culaciati |
Research thesis student |
| 2 | Diego Hernán Flores | Research thesis student |
| 3 | Rosalia Verónica Muñoz Genestoux | Research thesis student |
| 4 | Mariana Rodríguez Iturburu |
Research thesis student |
| 5 | Silvia Noemí Gramigni | Investigator in training |
| 6 | Clara María Romero | Investigator in training |
| 7 | Natalia De La Torre | Student researcher |
| 8 | Silvia Carolina Cruz | External collaborator |
Keywords
Assisted human
reproduction
Bioethics
Human rights
Abstract
This Project of social-juridical character –along the lines of research developed for several years by Cecilia Grosman in family law- intends to culminate with the elaboration of a bill regulating the use of assisted reproductive techniques (ART), taking into account the advances, practices and prejudices observed in different fields of knowledge, particularly, in medicine and psychology nucleated by the rapid development of Bioethics. Different sources of information will be used, both primary and secondary, emphasizing the legislative and jurisprudential development observed in comparative law -in particular, European and Anglo-Saxon regimes- that show a wide diversity in the lines that they follow. It will bring forward some field investigations aimed at understanding the profile of ART users, among other relevant social data, so that the designed project takes them into account and even bases its guideline, according to reality. To allow the use of genetic material from third parties –anonymous or not- to those who are willing to become parents (the misnamed “heterologous” fertilization), or more “sensitive” subjects such as “surrogate motherhood”, are just some of the many issues that “jeopardize” one of family law’s classic institutions as it is filiation. How do we determine filiation when it is derived from the use of assisted reproductive techniques, taking into account its different forms? How does the “will to procreate” –backbone of the TPA’s- plays a role in filial law? These questions, like many others involving the subject (even those belonging to other fields of law, such as administrative law, tort law and criminal law regarding the role of medical facilities) have been addressed in a biased manner in the doctrine and some research projects, without arriving to any definite conclusions, as required for the elaboration of an integral bill. This kind of construction imposes a very complex technical-legal analysis, of great importance especially after de enactment of the law 26.618 of egalitarian marriage. Ultimately, the proposed topic allows continuing deepening on the notion of family in contemporary law in light of the compulsory international doctrine of human rights.