Heterologous inseminations: Genetic origin x Intimacy and private life
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'Current reproductive medicine techniques show great development, however, this is not accompanied by legal norms, generating a huge deficit between the three-dimensional relationship of law (fact, value and norm). A social fact arises, is valued by society, but is not subject to legal regulation. In view of this, many legal relationships arising from assisted reproduction techniques have no normative provision and must be filled in by the doctrinal considerations of specialised authors, and/or by the case law of the Higher Courts. However, these factors lead to enormous legal uncertainty in t...
'Current reproductive medicine techniques show great development, however, this is not accompanied by legal norms, generating a huge deficit between the three-dimensional relationship of law (fact, value and norm). A social fact arises, is valued by society, but is not subject to legal regulation. In view of this, many legal relationships arising from assisted reproduction techniques have no normative provision and must be filled in by the doctrinal considerations of specialised authors, and/or by the case law of the Higher Courts. However, these factors lead to enormous legal uncertainty in the application of the law to the specific case, since interpretations are subject to the most varied currents of thought. In short, when it comes to bio-law, the country's legal system is inefficient, obsolete and inappropriate.'
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