<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>Since the procedures of medically assisted procreation (such as insemination or in vitro fertilization) carried out with donated gametes have become common, the problem of protecting donors and children has arisen. Donors needed the protection of their right to respect for family and private life, whereas children needed the proper assimilation with a new family, based on social bonds. Initially, most countries introduced, as a basic rule, the principle of anonymity of gamete and embryo donation (the so-called traditional model). According to the anonymity rule, a child conceived via medically assisted procedures does not have access to information about the donor’s identity, and vice versa. However, due to the increasing importance of the right to know one’s genetic origin, many countries decided to change the law and allow the child and the donor access to the donor conception register (the so-called liberal model). The Polish Act on Infertility Treatment of 2015 adopted the traditional model, with a few modifications. Opinions on the new regulation differ, and there is an ongoing discussion in the literature concerning in particular the confidentiality of the donor’s identifying data.</p>
</abstract>

Since the procedures of medically assisted procreation (such as insemination or in vitro fertilization) carried out with donated gametes have become common, the problem of protecting donors and children has arisen. Donors needed the protection of their right to respect for family and private life, whereas children needed the proper assimilation with a new family, based on social bonds. Initially, most countries introduced, as a basic rule, the principle of anonymity of gamete and embryo donation (the so-called traditional model). According to the anonymity rule, a child conceived via medically assisted procedures does not have access to information about the donor’s identity, and vice versa. However, due to the increasing importance of the right to know one’s genetic origin, many countries decided to change the law and allow the child and the donor access to the donor conception register (the so-called liberal model). The Polish Act on Infertility Treatment of 2015 adopted the traditional model, with a few modifications. Opinions on the new regulation differ, and there is an ongoing discussion in the literature concerning in particular the confidentiality of the donor’s identifying data.

Donation of Genetic Material and the Polish Law on Infertility Treatment

Uniwersytet Mikołaja Kopernika w Toruniu

Białostockie Studia Prawnicze

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

{"article-title":"Donation of Genetic Material and the Polish Law on Infertility Treatment"}

Since the procedures of medically assisted procreation (such as insemination or in vitro fertilization) carried out with donated gametes have become common,...

Donation of Genetic Material and the Polish Law on Infertility Treatment

Data publikacji: 19 sie 2021

Zakres stron: 141 - 164

Otrzymano: 15 mar 2020

Przyjęty: 25 maj 2020

DOI: https://doi.org/10.15290/bsp.2020.25.02.07

Słowa kluczowe
medically assisted procreation, in vitro fertilization, gametes, donor, recipient, anonymity of donation, donor conception register, welfare of the child, genetic origin

© 2020 Kinga Bączyk-Rozwadowska, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Donation of Genetic Material and the Polish Law on Infertility Treatment

Data publikacji: 19 sie 2021

Zakres stron: 141 - 164

Otrzymano: 15 mar 2020

Przyjęty: 25 maj 2020

DOI: https://doi.org/10.15290/bsp.2020.25.02.07

Słowa kluczowemedically assisted procreation, in vitro fertilization, gametes, donor, recipient, anonymity of donation, donor conception register, welfare of the child, genetic origin

© 2020 Kinga Bączyk-Rozwadowska, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Słowa kluczowe
medically assisted procreation, in vitro fertilization, gametes, donor, recipient, anonymity of donation, donor conception register, welfare of the child, genetic origin