Paper's abstract

Claire Neirinck, Assisted Human Reproduction. Legal point or medical issue?
By setting as main criterium for AHR the requirement of a couple uniting a man and a woman suffering from a pathological infertility certified by a physician and by condemning surrogacy (a perversion of AHR) in the name of public order, the lawmakers have firmly rejected the use of these techniques for a right to a child. Questioning this restrictive frame would allow any single being to have a child without sexuality, which does not answer any medical issue. The desire for a one sided kinship, without a bind with begetting, serves in fact as an excuse for opening the market of fecundity. No more does transforming the child into some merchandise, begotten by agreement and whose filiation only rests on intent, answer a legal point. On the contrary these reforms sanctioning a filiation for personal reasons would entail breaking up the civil status of the child, blurring motherhood, altering presumptions of paternity and supplanting adoption.

Key Words : Childbirth, civil status, medical reasons, right to a child
t. 57, 2014 : p. 301-314

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