“May i have kids?”: legal restrictions on access to assisted reproductive techniques

• Autor(a) principal: Raposo, Vera Lúcia
• Data de Publicação: 2019
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Direito GV
• Texto Completo: https://periodicos.fgv.br/revdireitogv/article/view/80271
• topic: Assisted reproduction; reproductive rights; morality; family; Reprodução assistida; direitos reprodutivos; moralidade; família

The recognition of reproduction as a fundamental right, including the right to use  artificial reproductive techniques, imposes the revaluation of traditional legal limits  imposed on the use of those techniques, grounded on age, health condition, civil  state or sexual orientation.  This article will analyse the restrictions that have been legally imposed in the access  to medically assisted procreation techniques, its motivation and legitimacy, in comparison  with the content that has been recognized to the right to reproduction. This  article does not intend to focus on the practice of a single country, nor to analyse a  specific legislation, but rather to assess the limitations that can be imposed by the  lawmaker regarding the access to medically assisted procreation techniques, invoking  as example norms in place in several European jurisdictions.  The main question to be answered is if the lawmaker (based in the analysis of selected  jurisdictions) has legitimacy to establish who can have children using assisted  reproductive techniques and which requirements can be set in this regard.