The Best Interest Principle in the Context of Assisted Reproduction Legislation

Lilla, Garayová (2025) The Best Interest Principle in the Context of Assisted Reproduction Legislation. EUROPEAN INTEGRATION STUDIES, 21 (1). pp. 71-110. ISSN 1588-6735

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Abstract

This article explores the application of the best interest of the child principle within the context of Assisted Reproductive Technologies (ART). While the principle is well-established in international family law, the rapid advancements in ART - encompassing practices such as in vitro fertilization (IVF), surrogacy, and genetic screening - raise new legal, ethical, and social questions. The article examines how traditional interpretations of the best interest principle must evolve to address the rights and welfare of unborn and intended children conceived through ART. It further investigates the complex relationships between prospective parents, surrogate mothers, donors, and children, and how legal frameworks should adapt to prioritize the welfare of children in ART arrangements. Adopting a multidisciplinary lens that incorporates law, ethics, medicine, and cultural perspectives, this inquiry argues that safeguarding the welfare of children conceived through ART requires a shift from adult-centric regulation to genuinely child-focused policies. It concludes that the future of reproductive law depends on legal frameworks capable of balancing scientific innovation with an uncompromising commitment to the dignity, identity, and well-being of every child—long before birth and throughout their lives.

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