The Constitutional Protection of Life and Medically Assisted Procreation
- Institution: University of Gdańsk
- ORCID: https://orcid.org/0000-0002-2275-4394
- Year of publication: 2021
- Source: Show
- Pages: 371-381
- DOI Address: https://doi.org/10.15804/ppk.2021.06.29
- PDF: ppk/64/ppk6429.pdf
The subject of analysis is the legal protection of life, which is covered by Art. 38 of the Constitution and its impact on the regulation of medically assisted procreation - its admissibility and scope. The subjective side of the right to the protection of life and its possible limitations has been shown in order to be able to answer the question of whether the protection of Art. 38 of the Constitution covers in vitro embryos, what kind of protection it is and what activities on in vitro embryos are permissible in the light of the law. In this context, the article’s thesis is that the Act on Infertility Treatment is a consensus, an attempt to reconcile the supporters of the subject and object concept of the protection of the life of in vitro embryos, which is expressed in a number of its provisions. However, it serves the protection of life “in general” - it includes provisions also guaranteeing the protection of the life of persons (donors and recipients) undergoing various actions within the framework of medically assisted procreation procedures.