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THE TREATMENT OF LAWS IN THE EXERCISE OF PARENTAL AUTHORITY OF ARTIFICIAL INSEMINATION AND ITS IMPLICATIONS

Abstract:

This research is a legal analysis on Artificial Insemination through embryos cryopreservation and parental authority. This work is a reflection on the best options that Legal Sciences and regulations offer in order to prevent the negative implications that entails the non-typification of this process in the Ecuadorian legislation. The result of this study is aimed to encourage the regulatory law bodies to consider including assisted human reproduction in our laws. These procedures should not be analyzed only from the medical, moral or religious perspective since its legal impact will allow the regulation of such methods, so the state protects the rights of any person or persons. Family law in Ecuador is vulnerable to scientific reality, which is extremely complex, especially filiation whose essence should be adapted to modern human life. It is proposed that the legal entity along with the participation of health professionals and social criteria should make a thorough analysis of this problem, with a legislative view which provides elements of judgment in order to prepare a preliminary draft of a body of law that contemplates parental authority in case of children born by heterologous artificial insemination such as the cryopreservation of embryos. This treatment will be a special juridical issue due to the features that the problem requires.