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E-book "Debatendo a Procriação Medicamente Assistida".

29 janeiro 2018

This project discussed the legislative process that in 2016 led to the reform of the portuguese legal regime applicable of Medically Assisted Procreation – in particular surrogacy motherhood -, enshrined in Law 32/2006, of July 26.The possibility of using therapeutic methods for the realization of a parental project, is quite demanding to various normative orders, e.g. ethical and poses difficult questions to which the law is called to respond. Since 1997, article 67, paragraph 2 e) of the Portuguese Constitution makes it clear that there must be a legal set of provisions, "in terms that safeguard the dignity of the human person".

Taking advantage of the context of the modification of the constituted right, we took up the challenge of reflecting on several issues related to the use of medically assisted procreation techniques, considering in particular the areas of Constitutional Law, Fundamental Rights and Family Law, with the essential attention to the impositions of public international law and the effects of private international law. Considering the necessary legal protection of the various legally protected assets and values in conflict, a number of issues will be critically addressed, including, inter alia, those which deal with the principle of prohibiting discrimination, rules on anonymity and confidentiality in cases of heterogeneous procreation, the right to know the genetic background of each person, the legal status of embryos, the principle of subsidiarity and access to these techniques and the circle of beneficiaries, the repercussions on the definition of the legal perimeter of the notion of family, the implications in establishing the legal ties of paternity and maternity. Although this research project focuses on the Portuguese legal system, data extracted from other legal systems, namely Brazilian and Italian law, were not neglected.

A seminar took place in 16 and 17 march 2017 at the Faculty of Law of the University of Porto for the dissemination of the results of the project with the same name, sponsored by FCT. The communications were published in this E book volume of 207 pages.