The limits of the physician's secrecy duty in risk situations. Special reference to genetics]

This work deals with those conflict situations that arise between the duty of secrecy by health professionals and the interest in safekeeping the life and physical integrity of third parties when dealing with behaviours by the patient, whether intentional or not, that could harm or place in danger those legal goods. The special situations of conflict that could arise in the ambit of genetic diagnosis are dealt as a special problem.     

论人工生殖子女的法律地位

现代生殖技术的问世大大冲击了人类传统的自然生殖方式，与此同时，也冲击了现代伦理观念，并带来了一系列法律问题。随着人工生殖子女数量的增多，相关法律纠纷也日益增多。因此，本文对于人工生殖的一个基本问题——人工生殖子女的法律地位进行了深入的探讨。着重论述了人工生殖子女的分类，相应的父母子女关系的确定及权利义务关系。同时对代孕母亲所引发的法律问题进行了探讨。     

论人工生殖子女的法律地位

现代生殖技术的问世大大冲击了人类传统的自然生殖方式,与此同时,也冲击了现代伦理观念,并带来了一系列法律问题。随着人工生殖子女数量的增多,相关法律纠纷也日益增多。因此,本文对于人工生殖的一个基本问题———人工生殖子女的法律地位进行了深入的探讨。着重论述了人工生殖子女的分类,相应的父母子女关系的确定及权利义务关系。同时对代孕母亲所引发的法律问题进行了探讨。     

The socio-legal acceptance of new technologies: a close look at artificial insemination

Heated debates often surround the introduction of an important new technology into society, as exemplified by current controversies surrounding human cloning and privacy protection on the Internet. Underlying these controversies are disruptions to central socio-legal values caused by these new technologies. Whether new technologies will eventually be accepted by society is often contingent on the reaction of the legal system. This mandates the formulation of a conceptual framework for understanding and structuring the way the law should react in cases surrounding the adoption of new technologies. By using the case study of artificial insemination this Article develops the tools for structuring the legal role in the acceptance process of new technologies. The three-century controversy surrounding the innovation of artificial insemination results from the innovations' disruption of the socio-legal value of the family. Artificial Insemination--although invented in the eighteenth-century--was rarely used until the 1930s, and only legalized in the 1960s. Its application to surrogacy and its use by unmarried women extends the controversy into the twenty-first century. The case study demonstrates the nature of the relationship among the technological, social and legal acceptance processes of new technologies, and analyzes the legal acceptance debate. The conceptual framework produced is useful in understanding and structuring the legal role in current debates surrounding the introduction and acceptance of new technologies.     

Assisted reproduction and artificial insemination and genetic manipulation in the Criminal Code of the Federal District, Mexico]

The article that one presents has for purpose outline and comment on the recent modifications to the Penal Code for the Federal District of México which establish, for the first time, crimes related to the artificial procreation and to the genetic manipulation. Also one refers to the interaction of the new legal texts with the sanitary legislation of the country. Since it will be stated in some cases they present confrontations between the penal and the sanitary reglamentation and some points related to the legality or unlawfulness of a conduct that stayed without the enough development. These lacks will complicate the application of the new rules of the Penal Code of the Federal District.     

Succession problems arising from artificial insemination, surrogate motherhood and test tube babies: a proposed solution

Recent advances in medical technology have created possible conflicts with estate succession. Three specific medical advances that confuse succession statutes are artificial insemination, surrogate motherhood, and “test tube babies.” These medical break-throughs have raised a burning question in the area of intestate succession: From whom will the child inherit, the natural parent,¹ the artificial parent (donor),² or both? This article will: 1) define the medical advances causing confusion in interpreting succession statutes; 2) discuss the current law of succession as it applies to each medical advance; and 3) propose a model statute to avoid the succession problems which currently exist.     

Donor conception, secrecy and the search for information

Donor conception has historically been shrouded in secrecy. Such secrecy has been underpinned by social views and legal issues concemrning the adults involved in the process--the donor, the recipient parent(s), and, at times, the doctor. However, there is increasing recognition of the need to focus upon donor-conceived people's interests and rights to have identifying and non-identifying information about their donors. This editorial examines issues raised in relation to information release, while also introducing some of the arguments presented by other authors in this Special Issue of the JLM. It also considers recent Australian federal and State government inquiries that have favoured information release and the former Victorian Infertility Treatment Authority's service model to support people in the process of information access and release. While there has been a clear shift to favouring openness and honesty, legislative action is still required to ensure the balancing and realisation of people's interests.