Author(s) Carla Luísa Monteiro Cardoso
Advisor(s) Eva Sónia Moreira da Silva
Synopsis During the present master dissertation, we will be studying the theme of the legal regime of the beneficiaries of medically assisted procreation (PMA), present in article 6, of law n. 17/2016, June 20. As can be seen, approval of the law n. 17/2016, June 20, came to establish that are potential beneficiaries of PMA, couples heterosexuals or couples of women, marital status or conditions similar to the one of the spouses, as well as women, independently of their marital status or sexual orientation. The law n. 17/2016, puts an end to a series of debates around the themes of beneficiaries of PMA, new challenges are to appear in consequence of this last approval. Thus, the question that arises is: “What are the inherent challenges to the beneficiaries of PMA facing current juridical regime in the Portuguese juridical system?”. With the objective to think about the consequences of the enlargement of beneficiaries of the techniques of PMA, our study will follow with four essential chapters, which will complement themselves. The first chapter is dedicated to the analysis of the History of PMA. For better understanding of the present, nothing is better than to look back to the past. This way, we will begin by studying the History of PMA in global terms, so that, in a second moment, our attention is centered in the study and analysis of the legislative evolution of PMA in the Portuguese legal system. In the second chapter, we will be studying the characterization of the institute of PMA, its notion, the causes of sterility and infertility and, consequently, the techniques allowed in the Portuguese legal system. In the third chapter, we intend to carry out a study of compared low, more specifically of the Spanish, Italian and French legal system. Our objective consists of analyzing the beneficiaries of PMA in these different legal systems and how each one of them resolves the problems that appear in this context. At last, in the fourth chapter, we will approach some problems and challenges that appeared with the enlargement of beneficiaries of the techniques of PMA, namely with the age established to appeal to the techniques of PMA, with the establishment of the filiation, with the waiting times to appeal to this proceeding, with the clash of interests of the performed psychological evaluations, with the rights of children that will be born due to the use of these techniques, that is, if the children’s rights will be properly assured and, with principle of the equality, according to which, at present, only one of the women appeal to the techniques of PMA, when she is married or lives in fact union with another woman. Several issues that appeared in the extent of the enlargement of the beneficiaries of the PMA. There are to analyze each questions, we will use a methodology based essentially on the research, collection, treatment and analysis of legislation, doctrinal texts and jurisprudence both Portuguese and other referred juridical system, once the current Law of PMA is quite recent and, therefore there aren´t great reflections concerning this matter.
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