Legal Regulation of Medically Assisted Reproduction in Croatia

This article addresses the medical and family law aspects of the legal regulation of medically assisted reproduction in Croatia. Croatia has balanced legislation on medically assisted reproduction. The author explains the principles that governed the legislator; namely: the ultima ratio principle, the principle of the protection of participants (prospective parents, donors, and physicians), the principle of the protection of the best interests of the child, and the principle of state control. The Medically Assisted Reproduction Act (2012) and the family law rules in the Family Act are explained. In practice, some problems have emerged. What should be done with surplus cryopreserved embryos? How should donor programs be regulated? How can cross-border surrogacy arrangements be prevented? How should the efficiency of licenced fertility clinics be measured? The author concludes that, despite some objections, Croatia’s legal regulations have successfully balanced the human rights of participants (the child, intended parents, donors, and medical staff).

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Publication Details

Journal
Law Identity and Values
Published
2024-12-28
DOI
https://doi.org/10.55073/2024.2.101-121
Primary Topic
Reproductive Health and Technologies
Type
article
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article

Legal Regulation of Medically Assisted Reproduction in Croatia

Aleksandra Korać Graovac
Law Identity and Values
Reproductive Health and Technologies
article

Legal Regulation of Medically Assisted Reproduction in Croatia

Aleksandra Korać Graovac
article en

Abstract

This article addresses the medical and family law aspects of the legal regulation of medically assisted reproduction in Croatia. Croatia has balanced legislation on medically assisted reproduction. The author explains the principles that governed the legislator; namely: the ultima ratio principle, the principle of the protection of participants (prospective parents, donors, and physicians), the principle of the protection of the best interests of the child, and the principle of state control. The Medically Assisted Reproduction Act (2012) and the family law rules in the Family Act are explained. In practice, some problems have emerged. What should be done with surplus cryopreserved embryos? How should donor programs be regulated? How can cross-border surrogacy arrangements be prevented? How should the efficiency of licenced fertility clinics be measured? The author concludes that, despite some objections, Croatia’s legal regulations have successfully balanced the human rights of participants (the child, intended parents, donors, and medical staff).

Law Identity and ValuesVol. 4(2)
University of Zagreb (HR)
Openalex Percentile: Top 62%
Reproductive Health and Technologies
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Legal Regulation of Medically Assisted Reproduction in Croatia — Aleksandra Korać Graovac · Law Identity and Values (2024) | TGRS Research Map | TGRS