Prawo do wyboru rodzaju dawstwa komórek rozrodczych – uwagi na temat tzw. Modelu trzyścieżkowego (triple track system)

Abstract

The purpose of this article is to analyze so-called triple track system of gamete donation. This system gives donors and recipients the right to choose an anonymous or identifiable or known gamete donation. In the first part of this article the European perspective of gamete donation is analyzed. Triple track system is not a popular way of regulating gamete donation. However, nowadays IVF clinics sometimes inform donors and recipients about types of gamete donation which are not accessible to them in one country, but they are accessible in other countries. It leads to create new factual possibilities for donors and recipients. In the second part a dispute about types of gamete donation in Poland is presented. It shows that needs of donors and recipients should be taken into consideration in the area of gamete donation. In the last part, I have analyzed the problem if donors and recipients have the right to be informed about other types of gamete donation which are not permitted by the Polish Law. The lack of choice has a great impact on the position of donors and recipients. According to the Polish Law they could choose only an anonymous donation, which means that their right to choose a type of donation is strictly limited. The scope of their choice should be wider than currently, which means that a discussion about changes of Polish Law is necessary.