MEDICALLY ASSISTED PROCREATION
In the draft code of persons and family
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In principle, fertilization is internal to the human species. However, it can happen that the phenomenon of procreation does not take place in a natural way in the case of infertility or sterility. Therefore, it is necessary to resort to other forms of procreation, even artificial ones. These artificial reproduction techniques deserve some attention in our context. The legal framework of this practice not being especially defined, our curiosity is attracted by the APCPF which comes to lay the bases of a medical assistance to procreation. Thus the problem of the legal regime of MAP in the preli...
In principle, fertilization is internal to the human species. However, it can happen that the phenomenon of procreation does not take place in a natural way in the case of infertility or sterility. Therefore, it is necessary to resort to other forms of procreation, even artificial ones. These artificial reproduction techniques deserve some attention in our context. The legal framework of this practice not being especially defined, our curiosity is attracted by the APCPF which comes to lay the bases of a medical assistance to procreation. Thus the problem of the legal regime of MAP in the preliminary draft arises. On this subject, one can note not only a rigorous arrangement of the establishment of filiation by MAP, but also a measured protection of the parties to the MAP. This is justified in particular by the respect of the principles and conditions intended to govern MAP, the simplified arrangement of the effects of filiation of the child and the paradoxical responsibility of the parties. Indeed, this framework results from the consideration of the best interest of the unborn child by ensuring a credible filiation.
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