ON THE CONSENT OF POTENTIAL FATHER REGARDING THE TRANSFER OR DESTRUCTION OF AN EMBRYO1 FORMED BY EXTRACORPOREAL2 FERTILIZATION

Abstract

The paper discusses the issue regarding a potential biological father when he is against the transfer of the created embryo(s) (by means of artificial fertilization), before having the embryo transferred into the body of a surrogate mother, and/or when he requests the medical facility to destruct the embryo(s), but the potential biological mother is willing to carry out the above-mentioned transfer.

In this case any action from the medical facility is facing a certain legal gap, as far as the embryo(s) has (have) already been created, and a written consent of both potential parents (parties of the agreement) is necessary for their destruction. Besides, the written consent is also necessary for the transfer of embryo(s) into the body of a surrogate mother. What should a medical facility and/or a court do in such and/or similar legal situation?
The paper addresses the above-mentioned issues, and the discussion is taking place in the light of philosophy, law, medicine and bioethics, and guiding proposals are offered for the subjects involved in the disputable issue(s). The discussion and applicability of reached conclusions are not limited to any particular country, and they can be applied to various countries worldwide, and may represent a source of formation of a future positive law.