The Best Interest of the Intended Child – Children’s Rights in Assisted Reproduction and Surrogacy

Garayová, Lilla (2024) The Best Interest of the Intended Child – Children’s Rights in Assisted Reproduction and Surrogacy. LAW IDENTITY AND VALUES, 4 (2). pp. 69-84. ISSN 2786-2542

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Abstract

This study examines the complex legal landscape of assisted reproduction, exploring the dynamic interaction between emerging reproductive technologies and established legal principles. It seeks to analyse the implications of assisted reproductive technologies (ART) on traditional family constructs and the fundamental legal principle of the best interest of the child, thereby contributing to a nuanced understanding of how law can evolve in tandem with technological advancements while remaining anchored in core societal values. This study aims to offer a balanced perspective that acknowledges the benefits of ART in aiding family formation, while addressing the potential legal and ethical dilemmas it poses. It endeavours to bridge the gap between rapid technological advancements in reproduction and the slower pace of legal adaptation, offering insights into how the law can evolve to better accommodate these changes without compromising core family values and child welfare principles.

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