Conflictos contemporáneos en Técnicas de Reproducción Asistida: la experiencia en el derecho argentino

Abstract

The Argentine legal system has been the protagonist of a large number of substantial legal modifications that have had a direct impact on the techniques of assisted human reproduction (TRHA). Recognize this medical practice as a third filiatory type sharing the stage of filial right together with filiation by nature and adoptive, means granting them a place of privilege with what that means. Now, it is questionable whether the current regulation is capable of covering all the legal problems that arise in social reality, in a field marked by dynamism and constant movement; what would be the legal spaces that were not yet covered by the law and which would remain pending and what doctrinal and jurisprudential positions have been put forward in this regard; what would be the bases or principles to build legal solutions to this silence. All questions must be answered, taking as a starting point the obligatory perspective of human rights as an obligatory view in order to achieve a practice that is in tune with the rights and interests at stake. For this purpose, inquiring about the contributions and implications of key notions such as procreational will and informed consent constitute key analysis tools, what happens with the revocation in special cases such as death and the rupture of the union, as when dissociation will procreational gestation by substitution, even until, when the procreational will is lent by more than two people. All these complex debates have starred the scenario of the right of families in contemporary Argentine law in which the plural has been sponsored, precisely, by the techniques of assisted reproduction.