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The Introduction provides an overview of the conceptual background and main themes of the book. It briefly considers the advances in assisted reproduction technology (e.g. in vitro fertilisation and pre-implantation genetic diagnosis) and their benefits for aspiring parents. It suggests that these scientific developments not only have led to the emergence of new trends in bioethical politics, but have also inspired claims in the international human rights arena. In fact, an increasing number of legal cases, most notably in the European Convention on Human Rights system, has started to establish a set of rights in connection with access to medically assisted procreation; they are an extension of autonomy rights, the right to respect for family life and non-discrimination rights. The Introduction offers a synopsis of each chapter, outlining the key bioethical and legal controversies examined therein, as well as the central arguments proposed by the book in light of international litigation.
Chapter 3 argues that intention-based parenthood has started to acquire relevance in donor insemination and foreign surrogacy case law. The Strasbourg Court has recognised the right of surrogate-born children to establish legal ties expeditiously with their non-genetic intended parent. The latter is an incidental beneficiary, as his/her own right to respect for the parental project/de facto care of the child is outweighed by public interests. However, intentional parenthood is parasitic on marriage to the child’s genetic parent, and hence vulnerable in case of relationship breakdown. The chapter further discusses the different approach to intentional parenthood in donor insemination cases: by contrast with cross-border surrogacy situations, the Court only requires measures safeguarding the de facto ties between children and their social parents (not parental status). Surrogacy cases where neither intended parents is related to the child do not attract an obligation to establish legal affiliation, insofar as the child’s identity is defined by genetic heritage.
Draghici contends that the advent of assisted reproductive technologies has given rise to new fundamental, albeit not unqualified, rights. They include the right to use medically assisted procreation (e.g. artificial insemination, in vitro fertilisation, potentially gamete donation, posthumous conception or surrogacy) in order to become a parent (typically where natural procreation is hindered by infertility, sexual orientation, relationship status or adverse life events), the recognition of intention-based parenthood in relation to donor-conceived children jointly planned and raised with the genetic parent, and the right to pursue the conception of a healthy child (e.g. through recourse to preimplantation genetic diagnosis and embryo selection to avoid severe illness in future offspring). To substantiate this claim, the book relies on a comprehensive analysis of international case-law on procreative autonomy, contextualised by a discussion of highly divisive bioethical controversies, from the status of embryos to the morality of genetic screening and third-party reproduction.
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