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5 - The Right to Have a Child

Through the Lens of the Third Phase Reproductive Technologies

from Part I - Life Sciences and Human Rights

Published online by Cambridge University Press:  17 May 2022

Marcello Ienca
Affiliation:
College of Humanities, EPFL Lausanne
Oreste Pollicino
Affiliation:
Bocconi University Faculty of Law, Italy
Laura Liguori
Affiliation:
Portolano Cavallo
Elisa Stefanini
Affiliation:
Portolano Cavallo
Roberto Andorno
Affiliation:
University of Zurich Faculty of Law
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Summary

This chapter discusses the right to have a child in the context of the latest developments of the reproductive technologies. According to the author, while no one can be legitimately deprived of the right to have a child, this statement does not equate to claiming a positive right to have a child. This question has become more complicated since the first in vitro baby was born in 1978 and as more and more new reproductive technologies have been developed since then. In particular, ethical dilemmas emerge when in vitro fertilization involves donated gametes, or when the intending mother needs a surrogate mother because she does not have a womb. Legal regulations of surrogacy agreements vary from total ban to acceptance, or simply remain silent on their legitimacy. In this diverse legal landscape, Sandor discusses on the ethical legal framework of the claims to have access to the latest reproductive services, including those technologies that replace or transplant the human womb.

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Publisher: Cambridge University Press
Print publication year: 2022

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