El valor del consentimiento en la determinación de la filiación en la reproducción asistida

Resumen

The emergence of assisted reproduction techniques has resulted in the solution to many problems of sterility and has even given rise to new family models. Its regulation, by law 14/2006, of 26 of May, on techniques of assisted reproduction has included, among other novelties, special rules related to the determination of the filiation. It is intended to propose the modification of the traditional classification of the filiation that establishes our civil code (filiation by nature and adoptive filiation), including the so-called «intentional filiation» derived from the application of the reproduction Assisted. It will be important to check the value of the consent of the participants in these techniques before determining the filiation and see if the same is the same in all cases, in order to avoid any type of discrimination on the basis of sex. In particular, the assumptions of the premoriencia of the husband, the double maternity, the consent of the male in the use of heterologous techniques and the surrogate gestation will be studied. In this way, the different problems arising from the use of homologous techniques and assisted reproduction heterologous will be analyzed when determining filiation.