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La Filiació derivada de les tècniques de reproducció assistida: una nova classe de filiació?

Filiation, known as the marital status which links parents with their children, must be determined according to the law in order to produce legal effects. The Spanish Civil Code includes the traditional rules of both biological and adoptive filiation but does not stipulate any legal standard related to assisted reproduction. With the purpose of stating the determination of filiation derived from assisted reproduction, the Law 14/2006, from 26th of May, about assisted human reproduction, includes several specific rules but, for the rest, it refers to the general rules which are decreed at the Civil Code. This causes a dysfunctional set of rules when considering that cases, since the Civil Code is inspired by the called biological truth. The Catalan Civil Code, for its part, has its own regulation about this subject and confers a different legal treatment in cases where assisted reproductive techniques have played a distinctive role. The main aim of this work is to examine how filiation can be extrajudicially determined when conception was achieved due to assisted reproduction. It will be of interest the study of the Spanish and Catalan legal framework for more controversial issues such as post-mortem reproduction or double motherhood

Manager: Ruda González, Albert
Other contributions: Universitat de Girona. Facultat de Dret
Author: Vilalta del Olmo, Mª Queralt
Date: 2017 June
Abstract: Filiation, known as the marital status which links parents with their children, must be determined according to the law in order to produce legal effects. The Spanish Civil Code includes the traditional rules of both biological and adoptive filiation but does not stipulate any legal standard related to assisted reproduction. With the purpose of stating the determination of filiation derived from assisted reproduction, the Law 14/2006, from 26th of May, about assisted human reproduction, includes several specific rules but, for the rest, it refers to the general rules which are decreed at the Civil Code. This causes a dysfunctional set of rules when considering that cases, since the Civil Code is inspired by the called biological truth. The Catalan Civil Code, for its part, has its own regulation about this subject and confers a different legal treatment in cases where assisted reproductive techniques have played a distinctive role. The main aim of this work is to examine how filiation can be extrajudicially determined when conception was achieved due to assisted reproduction. It will be of interest the study of the Spanish and Catalan legal framework for more controversial issues such as post-mortem reproduction or double motherhood
Format: application/pdf
Document access: http://hdl.handle.net/10256/14986
Language: cat
Collection: Dret (TFG)
Rights: Attribution-NonCommercial-NoDerivs 3.0 Spain
Rights URI: http://creativecommons.org/licenses/by-nc-nd/3.0/es/
Subject: Paternitat (Dret) -- Espanya
Paternitat (Dret) -- Catalunya
Maternitat -- Espanya
Maternitat -- Catalunya
Reproducció assistida -- Dret i legislació -- Espanya
Reproducció assistida -- Dret i legislació -- Catalunya
Consentiment (Dret) -- Espanya
Consentiment (Dret) -- Catalunya
Paternity -- Spain
Paternity -- Catalonia
Motherhood -- Spain
Motherhood -- Catalonia
Reproductive technology -- Law and legislation -- Spain
Reproductive technology -- Law and legislation -- Catalonia
Consent (Law) -- Spain
Consent (Law) -- Catalonia
Title: La Filiació derivada de les tècniques de reproducció assistida: una nova classe de filiació?
Type: info:eu-repo/semantics/bachelorThesis
Repository: DUGiDocs

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