Mater Semper Certa Est, Sed Pater Incertus? Determining Filiation of Children Conceived via Assisted Reproductive Techniques: Comparative Characteristics and Visions for the Future

Magdalena Duggan

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Widespread popularisation of assisted reproductive techniques, which may involve the use of third parties? bodies or genetic material, casts a new light on legal parenthood. This paper examines the issue in a comparative context, while focusing on filiation difficulties in two particular situations, namely: where the pregnancy was carried by a surrogate or resulted from treatment involving donation of gametes or embryos. It is argued that comprehensive regulation of assisted human reproduction on the domestic level might help, inter alia, to protect the affected individuals from being caught in a legal limbo ? also described as an emerging consequence of the booming “reproductive tourism”.

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