OSNOVNI PRAVNI I ETIČKI PROBLEMI U VEZI „USVOJENjA EMBRIONA”

Abstract

The rules which, under certain conditions, enable the donation of embryos not used in the procedure of homologous medically assisted reproduction, respect to a certain extent the special moral status and limited natural capacity of an embryo. The mentioned possibility is also accepted by domestic law on medically assisted reproduction, so that spouses or cohabitants can agree to donate their unused embryos to another infertile married couple, cohabitants or single woman. From the aspect of embryo recipients, such services are often referred to in the legal literature as "embryo adoption", since their ultimate goal is to establish legal parenthood in favor of the intended parents. Although this expression is terminologically incorrect because "adoption of an embryo" cannot be equated with "adoption" of a child, in this way an attempt is made to preserve, to the extent possible, the moral status of the embryo. In this context, allowing the intended mother of the child to have the experience of giving birth and becoming psychologically attached to a child that is not genetically hers even before its birth, is not ithe primary goal.