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- Title
BIOLOGICALLY-ASSISTED FERTILIZATION AND PRIVATE INTERNATIONAL LAW.
- Authors
PULESKA, Biljana
- Abstract
The global level research shows that about 15% of couples in the reproductive age have a problem with conception patients with absence or damage to the uterus, but also absence or damage to the ovarian tissue, patients with severe sperm gram disorder, patients with systemic disease who are contraindicated in pregnancy - due to deterioration in general health, with hormone-dependent malignant diseases etc. and, therefore, the need for biologically assisted fertilization. According to World Health Organization statistics for Macedonia, 1.5% of the reproductive population faces primary infertility, and the rate for couples in reproductive age reaches a dramatic 16.5% for secondary infertility. In addition, changes in family patterns in recent decades, as well as progress in reproductive medicine, have led to an increase in the number of biologically assisted fertilization contracts, parent-gestational parenthood (surrogacy) and other assisted reproductive technologies. These relations also increase proportionally the number of legal issues related to reproductive technologies - from the legality of contracts, the legal status of a child born as a result, through the exercise of parental rights, to the prevention and penalization of abuses. In the face of globalization and the increasing frequency of such relations with a foreign element, either in the subjects of the legal relationship or in the legal facts, numerous dilemmas arise over legal matters in the field of private international law. Differences in jurisdictions can lead to difficulties in resolving conflicts of laws and jurisdictions over the establishment of parenthood, establishing paternity or maternity, acquiring child citizenship, and recognizing foreign decisions. The main difficulty of resolving disputes with a foreign element is that they are related to more than one jurisdiction, and in the absence of unified substantive rules, the result is legal uncertainty on the outcome. This paper focuses on the possible difficulties in the field of private international law related to biologically assisted fertilization and in particular surrogate that may arise as a result of permissive norms permitting surrogate motherhood in Macedonia.
- Subjects
MACEDONIA; CONFLICT of laws; SURROGATE mothers; WORLD Health Organization; SURROGATE motherhood; REPRODUCTIVE technology; LEGAL status of children; PARENT-child legal relationship
- Publication
Vizione, 2020, Issue 34, p111
- ISSN
1409-8962
- Publication type
Article