Abstract

BERMEO-ANTURY, Elías  and  CORREDOR-TORRES, José Eduardo. The human embryo fertilized in vivo vs. the human embryo fertilized in vitro: An analysis of the rights, of these two forms of conception of life, in comparative law and Colombia. Rev. Derecho [online]. 2022, n.57, pp.105-132.  Epub Sep 30, 2022. ISSN 0121-8697.  https://doi.org/10.14482/dere.57.184.001.

Analyzing the recognized rights to the human embryo in the different countries implies deepening the regulations in force regarding abortion and in vitro fertilization. Two practices that bring to light the debate on the legal status of the human embryo, and that its legality or illegality, reflect a clear anthropological understanding in the laws of each country.

The paradoxical thing that we have scrutinized in this text is that countries that have legalized abortion have built a series of regulations on the manipulation of embryos created in vitro. This allows us to deduce that the human embryo conceived in vitro is protected from any manipulation and destruction expresses that the legislation does not recognize it as a thing or object, but as a subject of law; everything else to what happens with embryos fertilized Live before the Laws that give viability to the voluntary termination of pregnancy.

Faced with this legal picture, the question arises: why does the embryo fertilized in vitro have more guarantees of protection than a human embryo fertilized Live? What are the legal, anthropological and axiological arguments to establish the ontological differences between an in vitro fertilized embryo and a live one? These questions are the route in the path of this research, which has not only focused on knowing international and local regulations, on in vitro fertilization and abortion, but has sought to make a philosophical analysis of the fundamentals that each legislation.

Keywords : Human embryo; in vitro fertilization; in vivo fertilization; rights; dignity of the embryo; abortion; comparative law; legal status of the embryo.

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