Legal Status of a Man in Assisted Reproductive Technology in Polish Law

Marek, Andrzejewski (2025) Legal Status of a Man in Assisted Reproductive Technology in Polish Law. EUROPEAN INTEGRATION STUDIES, 21 (1). pp. 7-26. ISSN 1588-6735

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Abstract

The purpose of this article is to describe the legal status of a man who is a donor of reproductive cells; he might be the husband or cohabiting partner of a woman who is to be a recipient of either these cells or an embryo created from them. The author answers the question of whether this man, in the capacity of a husband, partner, and father, is treated as a subject in medical procedures related to artificial insemination. He stresses that the Polish Law of 25 June 2015, on the treatment of infertility—with its many weaknesses, which, however, are not the subject of this article—makes only married couples and cohabiting heterosexual couples eligible for the assisted reproductive technology treatment. This should be viewed positively as a protection of children’s rights, including the right to live in the family. Special attention has been paid to those provisions that relate to both the informed consent of a man to perform medical procedures and the withdrawal of his consent. In conclusion, the view expressed was that the Polish legislation adequately regulates this issue.

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