تحليل المادة 45 مكرر من قانون الأسرة الجزائري المتعلقة بالتلقيح الاصطناعي على ضوء التطورات الطبية الحديثة و قانون الصحة الجديد 18-11

الملخص EN

The world has witnessed a spectacular scientific breakthrough in the fields of medicine and biology.

Reproductive medicine is no longer limited to artificial insemination techniques used exclusively for procreation purposes, but has been extended to biotechnology, genetic engineering and genetic medicine, resulting in dangerous immoral practices to which aborted and surplus fetuses are exposed, including selective practices that aim to give birth to healthy babies with specific traits desired by parents through genetic interventions, in addition to cloning and embryonic stem cell (ESC) research practices, and their involvement in pharmaceutical industries such as the production of human insulin, hormones and cosmetics.

These made family law and reproductive medicine legislators amend their texts, including the Algerian legislator who added the text of Article 45 bis, especially since these practices are related to two higher objectives of Islamic Sharia, namely, life and lineage preservation, and are emerging medical issues that need a reliable doctrinal and legal framing.

However, the analysis of the aforementioned article reveals that despite the family law legislator has set conditions that give the marital bond an aura of sanctity, they remain insufficient compared to the size of these techniques.

Moreover, by reviewing the laws concerned with such practices, we find that the Health Law of 2018 supports Article 45 bis, but it does not rise to the standard required, while both the Penal Code and the Medical Ethics Code reveal nothing to support it.