HEALTH LAW AND BIOETHICS Medically Assisted Reproduction in homosexual couples

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.

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.

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.

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.

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;

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.

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.

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.

HOMOPARENTAL FAMILY  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

 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.

European Parliament Resolution 8/  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.

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;

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

Conclusion  Create unfair barriers for them and not let them access medically assisted reproduction techniques?