Νομικά ζητήματα από την εφαρμογή των μεθόδων ιατρικώς υποβοηθούμενης αναπαραγωγής

Abstract

Law has always been concerned of human reproduction as means to have family. Both European and Greek law already provide the institution of family the best possible protection through article 8 of the European Convention of Human Rights and article 21 of the Greek Constitution.However, human reproduction has also drawn attention of medical scientists and biologists from all over the world. Both medicine and biotechnology created modern techniques of artificial insemination which finally managed to help almost anyone overcome any kind of problem should appear when trying to have his own family.These modern techniques were included in Greek family law recently, with law no 3089/2002 and 3305/2005. The regulation was late but also successful, because it accepted all the new methods medicine proposed without affecting the fundamental human rights or any other constitutional principle. The Greek law set strict conditions but in the end people managed to make legitimate use of the new biotechnology achievements. Before the legal regulation, a number of such operations took place and as a result we had families that were not legally admitted. That caused serious legal and social issues to those families who usually ended up before court in order to settle their problems. It was more than obvious, that it was time for the law to intervene and set the frame in which these operations should take place. Law should always intervene and set limits to technology when human rights or social institutions such as family are in danger and scientists on the other hand, cannot provide equal protection themselves. It is also important that law does not ignore or deny the medical or technological progress depriving people from all the benefits that they can take advantage of. It is not to be forgotten, though, that science is able to help people lead a better life and fulfill all their ambitions or wishes under the condition that law consents to that use of technology achievements by man.