Reflections on the legal regulation of assisted procreation

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Leszek Bosek


The goal of the article is to determine the basic legal principles governing assisted procreation in Poland. The article presents a comparative analysis of legal regulations currently in force in European countries and in the United States. It concludes that there does not exist one “rational” regulative model that could serve as a model for Polish legislation. Legal systems – even those belonging to the European legal tradition – differ from one another fundamentally and are determined above all by the axiology of the respective constitutional systems.

The article then presents the Polish constitutional standards that are the basic point of reference for generating sound legal regulations. It concludes that the constitution does not provide a basis for either a general prohibition of assisted procreation or for a subjective right to the extrasystemic production of human embryos. The legislature, however, cannot act arbitrarily in creating a system of assisted procreation. It is bound above all by constitutional guarantees protecting human life and dignity. Article Thirty of the Polish constitution contains a precisely formulated conception of human dignity and the individual rights and freedoms that follow from it.


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How to Cite
Bosek, Leszek. 2009. “Reflections on the Legal Regulation of Assisted Procreation”. Diametros, no. 20 (June):37-61.
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