The Institution of a “New Form” of Filiation in Cameroonian Law in the Light of Scientific and Technological Progress: Filiation by Medically Assisted Reproduction
Keywords:
Scientific progress, filiation, medically assisted reproduction, parentsAbstract
Without creating a new Galileo trial, Law 2022/014 of 14 July 2022 relating to medically assisted reproduction (MAR) in Cameroon has enabled the legislature to encourage medically assisted reproduction while rejecting techniques for marketing or using human material that are contrary to fundamental rights, human dignity and ethics. The concept of surrogate motherhood (GPA), for example, is prohibited by the legislature as far as reproduction techniques are concerned. However, the legislature is enshrining an apparently irrefutable scientific lie-truth that undermines biological truth or the right to know one’s origins in the context of the effects of filiation. Parentage resulting from MAR is therefore part of the “neither seen nor known” model within the family. It is even more complex in the case of MAR with a third-party donor: a stranger is imposed on the extended family, upsetting the traditional rules of succession and kinship. This raises legitimate questions about the future of human beings and filiation in the face of scientific progress, and about the role of the legislator in protecting them.
Downloads
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
License Terms
Ownership and Licensing:
Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.
License Permissions:
Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited.
Additional Distribution Arrangements:
Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged.
Online Posting:
Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work.
Responsibility and Liability:
Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.
