الإشكالات القانونية للتلقيح الاصطناعي في القانون الجزائري

Abstract EN

Artificial insemination as an unusual way of reproduction, and its inclusion in the Algerian family code, raises several different problems and questions from several aspects, for example its susceptibility to different legal texts, whether in the family code itself or other laws, especially the penal code, and sometimes raises new issues.

it has never been regulated by law, not even by Islamic law, and as long as the Algerian family law is derived from the latter, which may know several opinions and fatwas on a particular issue, sometimes the intervention of the legislator is called for to determine his position on it.

this research paper aims to address the issue of lineage in terms of proving and denying it, the possibility of divorce for refusing artificial insemination, the possibility of applying the penal code, and finally the issue of dealing with surplus fertilized eggs and the use of embryos.