[The Constitutional Court regarding Assisted Reproduction Techniques: a critical assessment].
Last June Spain's Constitutional Court ruled on the challenge lodged against Law 35/1988 on Assisted Reproduction Techniques (Ruling 116/1999). The ruling confirmed the provisions of the Law. However, in examining the Law in question the Court did not, in my opinion interpret correctly the Spanish Constitution. I argue that there are three main areas of disagreement: since the contents directly affect human dignity the Law should have taken the form of a higher (Organic) Law. Secondly, the Law's treatment of in vitro fertilised embryos in certain cases, falls short of the minimum required by the Constitution. Thirdly, paternity investigation is prevented contrary to the provisions of the Constitution and hence the constitutional notion of family is undermined.
Bellver Capella
V
V
Universitat de València, España.
D005190:Family; D006801:Humans; D012099:Reproductive Techniques / Q000331:legislation & jurisprudence*; D013030:Spain