Secret et anonymat dans l’assistance médicale à la procréation avec donneurs de gamètes, ou le dogme de l’anonymat « à la française »
Author(s)Delaisi de Parseval, Geneviève
secrets de famille
secrets de filiation
laws on bioethics
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AbstractLa France s’est dotée d’un système législatif qui, en matière d’assistance médicale à la procréation avec donneurs (I.A.D., F.I.V. -D, dons d’ovocytes, dons d’embryons), a fait de la filiation biologique un secret désormais juridiquement protégé par la loi. Les lois votées par le Parlement français le 29 Juillet 1994 ont en effet choisi de rattacher la filiation des enfants nés avec la participation des donneurs de gamètes à la filiation charnelle (légitime ou naturelle), et non à la filiation fondée sur la volonté, comme l’est la filiation adoptive. Ces positions sont discutées au plan de la métapsychologie et comparées à d’autres systèmes législatifs qui, pour l’auteur, prennent mieux en compte l’intérêt de toutes les parties concernées.
France has a legislative system which, as far as medical assistance to procreation with donors (insemination with donor, in vitro fertilization with donor, gifts of oocytes, gift of embryos) is concerned, has transformed biological filiation into a secret now protected by the law. Laws adopted by the French Parliament on July 29, 1994 chose to attach the filiation of children born with the participation of gamete donors to blood filiation (legitimate or natural) and not to filiation based on will such as adoptive filiation. These positions are discussed from a metapsychological perspective and are compared with other legislative systems which, for the author, better take into consideration the interest of all persons concerned.
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