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Ustalenie macierzyństwa i ojcostwa w przypadku zabiegów medycznie wspomaganej prokreacji ludzkiej

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Łączkowska M.

Acta Iuris Stetinensis

2011

issue 2

29 - 48

The article features the issue of establishing who is the father and the motherof a child born of an assisted procreation procedure. Recently, there has been made an importantamendment to the Polish Family and Custody Code (with the Act of 6 November2008). The new solutions introduced by the Legislator deal in part with the issues pertainingto medically assisted procreation (e.g. artificial insemination, in vitro fertilization).First, it has been definitely settled that the mother is the woman who gives birth toa child (Art. 619 of the Family and custody Code). Second, the father of a child conceivedas a result of a medical procedure is the mother’s husband who gave his consent for theprocedure (Art. 68 of the Family and Custody Code). In view of the Polish family law,therefore, parenthood is established based on: – a biological fact, i.e. giving birth to a child; – legal presumptions concerning fatherhood of the mother’s husband and a man whohas had sexual relations with the child’s mother before the child’s birth, during theconception period; – the husband’s consent to the medical procedure his wife was treated with. Please note however that the medically assisted procreation is a serious challengefor legislators who intend to create legal solutions which take into account the ex aequoet bono principle.

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1 Acta Iuris Stetinensis

1 Łączkowska M.

1 2011

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Ustalenie macierzyństwa i ojcostwa w przypadku zabiegów medycznie wspomaganej prokreacji ludzkiej