HEALTH LAW AND BIOETHICS

1. HEALTH LAW AND BIOETHICS Medically Assisted Reproduction in homosexual couples

2. Definition: • MAR is a general term referring to methods used to achieve pregnancy by artificial or partially artificial means. It is a reproductive technology used in infertility treatments; • In these methods there is no copulation.

3. Regulations of MAR • In the past few years, there’s been a huge evolution of these kind of techniques; • This evolution changed the family concept all around the world and it changed the society itself; • Countries started to regulate MAR.

4. ACCESS TO THE TECHNIQUES • Council of Europe: the medically assisted reproduction techniques are applied only in heterosexual couples and those couples must be able to guarantee the child’s welfare and protection; • Germany: the medically assisted reproduction techniques are reserved to married heterosexual couples. A single woman can not access these techniques.

5. ACCESS TO THE TECHNIQUES • Spain: every single legally major and capabble woman, can access these techniques. If she’s married, she’ll need her husband’s authorization; • France: single women can not access medically assisted reproduction techniques. Only heterosexual couples can.

6. ACCESS TO THE TECHNIQUES • Italy: To access these techniques, the adoption requirements must be fulfilled. They must be non divorced heterosexual couples; • UK: the recourse to medically assisted reproduction techniques is only allowed when there’s no other possibility of treatment to a heterosexual couple;

7. ACCESS TO THE TECHNIQUES • Holland: Holland allows gay marriage. Gay and heterosexual couples have the same rights but gay couples can only adopt children from Holland, they can not access MAR techniques; • Portugal: Only non divorced heterosexual couples can access MAR techniques, but they only can access them when there’s no other possibility of treatment.

8. ACCESS TO THE TECHNIQUES • Brazil: In the last week the Supreme Federal Court of Brazil, granted to homosexual couples the access do MAR techniques. The heterosexual and homosexual couples’ rights are now equal.

9. HOMOPARENTAL FAMILY • One among several ways of being a family; • Nowadays, the criteria to analyse a bond between members of a family is not only genetic identity; • Affection has became the main criteria that settles familial ties.

10. AGAINST: Homosexual relationships are promiscuous; Homosexual couples can not provide healthy environmets to the child’s development; IN FAVOR OF There are lots of researches and investigations took in the USA which demonstrate that there’s no direct connection between the homosexuality of HOMOPARENTAL FAMILY

11. Lack of behavioral references which are able to provoke psychological consequences to the child: Problems about gender indentity and sexual orientation. The parents and the child’s gender indentity and sexual orientation.

12. European Parliament Resolution 8/2 1994 • The European Parlieament recommended that the Member States should start to recognize homosexual couples’ rights; • The Member States should suppress the restrictions that don’t allow homosexual couples to get married, to adopt and to raise their children.

13. Conclusion • All these issues of reproductive technology have given rise to bioethical issues; • One of them is related to same-sex procreation; • Having role models of both genders is really important for children, however, this can not be the only criteria;

14. Conclusion • The most important questions here are the affection between family members and the child welfare; • I don’t see why we should not recognize homoparental families and their rights; • If a same-sex couple is able to guarantee the child’s welfare and protection, why should we

15. Conclusion • Create unfair barriers for them and not let them access medically assisted reproduction techniques?