Biomedical Assisted Fertilization in Macedonia, Serbia and Croatia: Ethical and Legal Aspects

Abstract

In this paper the authors analyze the law on biomedical assisted fertilization (BAF) of Republic of Macedonia, as well as the laws on biomedical assisted reproduction of Republic of Serbia and Republic of Croatia, as well as others legislations. The authors conclude that the Macedonian law on BAF which was adopted in 2008, in many aspects is more liberal than the relevant laws of Serbia and Croatia. The authors also conclude that the development of the new reproductive technologies is connected with complex legal, ethical, moral and religious dilemmas that are associated with the fundamental social and biological foundations of the human society. The rapid development of the biotechnology and reproductive medicine and the application of these new technologies in the sphere of reproduction leads to fragmentation of the concept of motherhood and parentage, undermines the family ties and threatens the rights of the children conceived through artificial means. In addition to comparative legal analysis of Macedonian, Serbian and Croatian laws, the authors point out to some shortcomings in the Macedonian legislation and make proposals for legislative changes that will ensure better protection of all participants in the process of assisted reproduction, especially the children.