| Summary: | This dissertation focuses, largely, on the legal institute of the Medically Assisted Procreation and the many legal, ethical and social questions related with the issue. The first path consisted on the analysis of PMA’s legal framework. Considering the sensitive and complex ethical issues concerning this subject, which raises divergent opinions, it is essential to study recommendations of the CNECV. The studying and the analysis of the advisory opinions permit a better understanding of the ethical principles, values and rights that should be taking into account in the drafting of legislation in this area. As we studied the legislation in force, and since this legal institute is related to Civil Law and Portuguese Constitutional Law, I aim to clarify how the right to construct a family is provided in the Portuguese legal system, as well as its substance and limits, in order to discover if the current law that regulates the artificial procreation is protecting this right in its full dimension. Simultaneously, I also investigated the concept of family in our legal system. The portuguese fundamental law does not establish a definition and doctrine clearly diverge about it. However, reality demonstrates that the concept of "extended" family, characterized by its heterogeneity, has increased. Likewise, I intended to achieve a deep knowledge about the principle of equality, as predicted on the Constitution, and to align it with the right to family formation. The possible answer can only be obtained by interpretation. We also proposed to establish whether there is a right to have children, which is derived from the right to the incorporation of a family: the law does not expressly contemplate it, although it is intimately connected with it, and it has therefore been concluded by an interpretation to that effect. Finally, I studied Medically Assisted Procreation’s legislation in other legal systems, as well as jurisprudence. It became evident that there are laws more restricted than the Portuguese one, but also more permissive. The court decisions that have been mentioned are related to the right to reproduction, in particular the terms which is recognized, but we also took into account sentences whose fundamental issues included concepts about family law.
|
|---|