Techniques of Assisted Human Reproduction and the Problematic of Parental Liability

Abstract

The present study aims to analyze the issues related to the civil responsibility of parents, when using the assisted human reproductions techniques. Drew up a discussion about the reflections of the principles of responsible parenting and of human dignity in the use of those techniques, delineating one by one of them that can cause damages to the embryo, unborn or child already born. Discussing about the assisted human reproduction techniques, it outlined those allowed by the Federal Medical Council through the Resolution nº 2013/2013 and stood out the legal system omission related to the regulation of the use of those techniques, since the only legal instrument that deals with it, that is the Law nº 11.105/2005, did not specify about it. Was presented therefore, all human assisted reproduction techniques that give rise to a possible potentiation of vulnerability of the embryo as well as to possibly answers regarding to the legal status of the embryo that the doctrine is trying to trace. Finally, we discussed about the civil responsibility forms, relating it to the responsible parenthood and the damages caused from not using those techniques.

Keywords

• Reprodução humana assistida
• Parentalidade responsável
• Embrião
• Responsabilidade civil.