Panorama de la regulación de las nuevas tecnologías de reproducción humana en el derecho civil y familiar en México

Abstract

New human reproductive technologies began to be implemented in several hospitals, clinics and public and private health centers in Mexico since the 1980s. Initially, only to address cases of infertility, sterility, and then to avoid transmitting a genetically inherited disease to offspring. As time went by, these technologies began to spread in many places around the world, leading to the issuance of special regulations on the subject that were adjusted to the human rights perspective defended before jurisdictions all over the world, making room for their recognition as a prerogative available to any person. In the absence of a proper regulation of these rights in the General Health Law, several entities of the Mexican State have taken on the task of regulating the effects derived from their implementation, even exceeding their scope of application. Therefore, the main purpose of this paper is to describe the regulatory panorama of these technologies in the civil and family order of the country, revealing some reflections from the approach of bioethics with a human rights perspective.