إشكالية نسب الطفل الناتج عن التلقيح الاصطناعي خارج العلاقة الزوجية : دراسة مقارنة

Abstract EN

Modern medicine has been able to create effective ways to stop infertility and its causes, by allowing procreation through artificial insemination.

It is the insemination and procreation without normal sexual intercourse between male and female.

However, insemination operations raised and still raising legitimate and legal and even social issues, in the matter of child's filiation.

A doctrinal legal and legitimate disagreement has emerged about it.

instead that all appear to agree that the filiation is established to the father if the intercourse happened between the spouses during the marriage relationship.

but if the artificial insemination in his prohibited way, happening out of wedlock, by using the sperm of another man other than the spouse, known as third party intervention.

This may impact the filiation relationships between the artificial insemination parties, as the third party may donate a male sperm or a female egg, or a uterus to bear the egg, called surrogacy.

this method is religiously prohibited and the filiation determination in this way remains highly controversial among religious scholars, and poses the problematic of the child filiation.

Jurisprudence and comparative legislation are divided between supporters and opponents.

The Algerian legislator has decided to prohibiting maternal surrogacy and putting conditions to insemination according to act 45 bis of Algerian family code.