Polskie prawo wobec zapłodnienia in vitro – dyskusja wciąż otwarta

• Authors: Gałązka Małgorzata

Title variants

EN

Polish Law on In Vitro Fertilisation a Discussion Still Open

• Languages of publication: PL

Abstracts

EN

The article analyses the Polish Law of 25 th June 2015 on Infertility Treatment in the context of other Polish legislative proposals concerning this issue, which the period of 2009–2010 was very abundant in. Eventually, they did not result in the enactment of a new law because of the end of the parliamentary term. The Law of 25 th June 2015 on Infertility Treatment, adopted a few years later, raises doubts as to its constitutionality. Expecting amendments in this matter to rectify the situation, it is worthy to recall three models of legal regulation of in vitro fertilisation, which can be identified from the previous legislative proposals. One of them, reflected in the law in force, is based on the priority of procreative liberty and efficiency of in vitro fertilisation. The others – represented in legislative proposals that have already been introduced to the Parliament in 2009–2010 – recognised the central constitutional value of human dignity at any stage of human development. They differed from each other in the matter of legal acceptability of in vitro fertilisation. The Bill of 2009 on Human Genom and Human Embryo Protection as well as the Polish Bioethical Council accepted this intervention on the condition of prohibiting the creation of supernumerary embryos. The four other bills assumed that it is impossible to respect human dignity while allowing in vitro fertilisation in any configuration. The latter model seems to better comply with the constitutional guarantees of human dignity and life than the former.

• Publisher: Fundacja „Utriusque Iuris” i Uniwersytet Jagielloński
• Journal: Forum Prawnicze
• Year: 2016
• Issue: 3 (35)
• Pages: 37–55

Contributors

author

Gałązka Małgorzata

• Katedra Prawa Karnego Katolickiego Uniwersytetu Lubelskiego Jana Pawła II