| Abstract [eng] |
The main objective of the Master Thesis is the assisted reproduction’s comprehensive analysis, which is aimed to introduce and discuss the problematic aspects of this issue, as well as propose possible regulatory models based on a problem solving approach. The scientific analysis involves an evaluation of general pre-conditions considering eligibility to receive assisted reproduction services: subjects, who are entitled to apply for services, assessment of legitimacy of certain groups’ discrimination, required legal capacity, age and consent to treatment. The welfare principle of future child is considered to serve as one of the grounds to restrict provision of assisted reproduction services. Moreover, the research focuses on comparative analysis concerning biological and social parenthood concepts, establishment of legal paternity and maternity and children’s right to know their origin, bounded by the anonymity interest of gamete donors. Also, relevant issues related to gamete and embryo donation, cryopreservation, pre-implantation genetic diagnosis are being discussed. In order to meet the goals of this paper the author provides critical review on the existing legal regulation in Lithuania and the neccessity of revision of this legal act, taking into account a new proposal of Law on Assisted Reproduction submitted to the Parliament. In addition, the amendments are presented with an intention to improve the existing regulation. Thus it is recommended to consider a provision of assisted reproduction services not only to married couples, but also include couples which established legal partnership or stable de facto relationships, single women. The Law on Assisted Reproduction shall also incorporate an availability to donate gametes and embryos created in the course of treatment of other couples, gametes and embryos cryopreservation, pre-implantation genetic diagnosis to test exclusively for severe genetic diseases. In order to ensure the interests of a future child and his parents, paternity and maternity shall be determined to a couple which took part in assisted reproduction, regardless of legal form of their relationships. |
