نطاق المساعدة الطبية على الإنجاب في القانون الجزائري : بين المفهوم و الخصوصية

Abstract EN

Among the results of medical development is the empowerment of spouses to achieve their desire for childbearing after their natural inability to do so, and with the intervention of a third party specialized in medicine.

This type of medical intervention was called the term - medical assistance for reproduction -.

The problem that arises lies in determining the scope of the concept of this medical aid, as a linguistic and legal term, after its adoption by the Algerian legislator, in light of the difference of description of medical work in terms of tradition and modernity, in addition to define the boundaries of the reason that must be existing in those seeking help, so that some limits it to infertility, as it is amenable to treatment alone, while others expand it to the cause of sterility, which is what the legislator stipulated, as a restriction that must be met, along with a number of other restrictions.

Thus, the legislator has given privacy and legal protection for medical assistance for childbearing, by specifying the time and space for its conduct, as well as the procedures to be followed and the responsibility involved in breaching the required controls.