Master'sOpen Access

The legal aspects of the artificial insemination by Paternity Law and the right of personality

2013
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Advisor: Doç. Dr. Fulya Erlüle

Abstract (EN)

The first part of this thesis consists of types and causes of artificial insemination, its short historicall view and international and national regulations. In the second part of this thesis will be examined the aspects of paternity law. Even its not aloud in Turkey to heterogenous or post mortal artificial insemination its well known, that the citizens put that in practise. In this cases, the problem how to create the kid its paternity to his father will be solved compering to the Swiss and German civil law systems. The resolution have deferences by married couples and single woman. Surrogate motherhood is one of this problems too. There are three different types of motherhood, which is called biological, genetical and social moterhood. The results of artificial insemination by personality right are right to reproduction, right to live of human fetus and embriyo and right to know of one?s origin. In this part of the thesis will be examinedby a view of the international and national legal regulations and the European Court of Human Rights the right to reproduction. The second stuff of right to personality is the right tol ive of human embryo and fetus. The selected embriyos by genetic diagnosis process and extra producted embriyos by the artificial insemination process will be destructed. Their destruction will be exmined by the civil right point of vies comparing to Swiss and German Legal systems. The right to know of one?s own origin is not defined in Turkish law, but discussed in doctrin of law. By the sperm donation and surrogate moterhood the right to know one?s own can come to order.

Author

Dr. Melike Belkıs Aydın

How to Cite

Melike Belkıs Aydın (Master Thesis). The legal aspects of the artificial insemination by Paternity Law and the right of personality, 2013, Anadolu University.

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