The Creative Use of Non-Specific Legal Provisions Regarding Assisted Reproduction in Romania

Emese, Florian and Marius, Floare (2025) The Creative Use of Non-Specific Legal Provisions Regarding Assisted Reproduction in Romania. EUROPEAN INTEGRATION STUDIES, 21 (1). pp. 47-69. ISSN 1588-6735

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Abstract

Romania, like any other contemporary high-income society, has its share of fertility and demographic problems. The last several decades have seen a resurgence in both medically assisted reproduction techniques and the societal demand for solutions to fertility issues. The statutes currently in force have not kept pace with technical evolutions and, due to both political and technical reasons, there is currently no comprehensive and targeted statute concerning medically assisted reproduction. However, society at large and the fertility services market have not been kept back by this lack of specific statutory provisions. General, non-specific or tangentially relevant normative provisions have been brought to the fore to construct a patchwork statutory environment for the needs of medically assisted reproduction providers and beneficiaries. This patchwork approach is not without its drawbacks, and we will try to identify the gaps and unanswered legal questions that arise at each step using a black-letter approach to applicable Romanian law up to October 2024. A future statute on assisted reproduction should cover at least the areas of parental eligibility, informed consent, allowed and banned techniques, liability, parental filiation and confidentiality.

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