¿Debería permitir la futura ley peruana sobre técnicas de reproducción humana asistida (Teras) la figura del “Embarazo Post Mortem”?

This research paper is presented as working premise to establish whether future Peruvian law on Assisted Human Reproduction Techniques (TERAS), should allow the figure of "Pregnancy Post Mortem", which is regulated in comparative law. Considering that today thanks to the advancement of TER...

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Bibliographic Details
Main Author: Valverde Morante, Ricardo
Format: Article
Language:Spanish
Published: 2014
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Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=5171093
Source:Vox Juris, ISSN 1812-6804, Vol. 28, Nº. 2, 2014, pags. 161-187
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Summary: This research paper is presented as working premise to establish whether future Peruvian law on Assisted Human Reproduction Techniques (TERAS), should allow the figure of "Pregnancy Post Mortem", which is regulated in comparative law. Considering that today thanks to the advancement of TERAS is no longer necessary to conceive a child that parents have sex requirement. No obstacle of the above, it is pertinent to note that the proposed reform of our Civil Code has in its text with a chapter on the "Medically Assisted Reproduction affiliation by" which is a novelty in our legal system is a response the existence in our country Clinics lot of Assisted Human Reproduction, who currently operate without pre- established legal parameters. Why, after reviewing the doctrine and the criterion of comparative legislation on "Pregnancy Post Mortem" I fully agree with what is regulated by French law and Italian law. That is, I consider that our Civil Code should not allow "Playing Technique Medically Assisted Post Mortem" because I start from the premise set as an axiom, that the true nature of the Techniques of Assisted Human Reproduction, refer to medical acts therapeutic target or combating a disease, in this case, human infertility or sterility.