Abstract

GONZALEZ DE CANCINO, Emilssen. Problems of extracorporal human fertilization. Rev. Derecho Privado [online]. 2011, n.21, pp.193-204. ISSN 0123-4366.

The advance of technology and medical expertise certainly brings with it new demands on the interpretation of law in line with the vicissitudes of contemporary society, while these requirements in the context of advances in medical expertise, result in problems with legal and ethical implications. These same advances indicated that it was not necessary, even that was not convenient to transfer to the uterus of all embryos, which then meant that a good number remained in the laboratory in a state of cryopreservation. But most of that being was and is possible to act with very different purposes, or refrain from doing so in other words, it is possible that sometimes becomes necessary, to make decisions that affect it, so then we're in the legal matter, and here the author highlights the most important problems facing the jurist and the legislator: do in vitro embryos will be different from those in the uterus? Are they identical entities with the same moral and legal status? Are traditional definitions have fallen short? legislators have successful define them? The author also notes that the presence of frozen embryos at fertility centers can give rise to numerous conflicts, both when it is desired to have the child achieved using a smaller number of obtained, as when the desire to procreate is gone, frustrated or individualized differently in the parents. Another question is also the selection of sperm or embryos based on sex, or if the embryos in the laboratory have not been transferred to the uterus, that is, decisions about the future of embryos transferred and the options open as to the legitimacy of the subjects that may decide his fate. These and others, even involving the market pressure, are the questions that are at the heart of the discussion on this present and very complex matter.

Keywords : Cryopreservation; Embryo Transfer; in Vitro Embryo.

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