<- Home <- Arhive <- Vol. 24, Issue 1, March 2016

Rom J Leg Med24(1)47-51(2016)
© Romanian Society of Legal Medicine

Maternal filiation in surrogacy. Legal consequences in Romanian context and the role of the genetic report for establishing kinship

S. Hostiuc, C. B. Iancu, V. Năștășel, M. Aluaș, I. Rențea

Abstract: With the onset of new assisted reproductive technologies the traditional family model has been subjected to significant challenges. There are nowadays instances in which the genetic parents of a child are different from the gestational parents and the legal ones. Kinship has become vaguer, and sometimes hard to properly described from a legal point of view. Most European legislations consider that Mater Semper Certa Est (The mother is always certain) and that is defined by the act of giving birth. Maternal surrogacy is a highly controversial issue in reproductive medicine nowadays, posing numerous ethical and legal issues. The number of countries allowing it explicitly is small; moreover, most countries do not have specific legislative norms dealing with surrogacy, making it a borderly legal/illegal procedure depending on the particularities of the national legal system. In this article we will present a series of cases from Romania in which the legal parents were sued by the genetic parents in order to determine that the latter are the biological parents of babies conceived using their genetic material. The court rulings varied – some considered that maternal filiation could be established based on a positive proof of genetic kinship, while other considered that it could only be established on the act of giving birth. We will try to show the way this issue is analysed by the Romanian medical-legal and judicial systems, in the absence of a specific legislation, emphasizing the legal and medical-legal elements used in practical cases, when we are required to establish maternal filiation through genetic testing.
Keywords: maternal surrogacy, forensic genetics, filiation, maternal filiation.

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