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Authors: Diana Sofia Araújo Coutinho
Keywords: technology, law, science, reproduction
Abstract: Our communication is about the future of human reproduction, in particular, we intend to analyze the extent to which scientific and technological developments may contribute to the emergence and use of new "techniques" of assisted reproduction. The process of human reproduction underwent several changes in the last decades: we have seen the separation of sexual intercourse from fertilization, the use of preimplantation genetic diagnosis, the egg and embryo freezing, the growing number of children born with the help of medically assisted reproduction techniques, among others. The evolution of science and technology has led reproductive medicine to approach the essence of humanity because it is increasingly possible to realize the “natural” wish of reproduction. Therefore, we have seen significant changes in the phenomenon of human reproduction: it is possible to conceive human lives in cases which, until now, were considered absolutely impossible and with no hope. The use of medically assisted reproduction (MAR) techniques allowed couples (infertile and others) to achieve the dream of being parents. It seems that the trend will be for a progressive (and perhaps indiscriminate) use of assisted reproduction techniques, in addition to the use of “new” techniques. Among the “future” techniques, we highlight the artificial womb, parthenogenesis or mitochondrial donation. From the legal point of view, the Law has been taking part in the regulation of many aspects inherent to assisted reproduction. By its own initiative (acting previously) or because it is called upon to take a position, the Law is not – and cannot be – indifferent to the questions regarding human reproduction, mainly in what concerns sensitive issues (sometimes, ethical and moral) or dangers that may result from an indiscriminate and unfounded use (without a pathological reason or medical cause that supports its use). Now, due to the constant evolution of reproductive medicine (v.g. the emergence of new techniques), new rules are needed and, possibly, an update to the existing rules, respecting the fundamental principles of the States and not disregarding the evolution of society itself (and its values). We will briefly analyze each of the future "techniques", stating their legal problems (possible violation of rights, admissibility requirements and limits of use, risks, and dangers inherent in techniques, among others), in order to realize what the future of human reproduction will be. So, our communication aims to reflect on the main legal issues arising from these techniques, by trying to understand if we run the risk of dehumanization and how (and in which terms) the Law can take action.