Croatia: Struggling for the Best Interests of the Child and Assisted Reproduction Technologies

The article deals with the legal regulation of medically assisted reproduction (MAR) and the origin of the child conceived by MAR in Croatia. The first legal provisions regulating medical aspects date back to 1978, and the first legal act dedicated entirely to MAR was enacted in 2009 and amended in 2012 bringing a more liberal approach, concentrating on the best interests of the child as one of the underlining principles of the legal regulation. Among others, legislation protects the right to health, the right of a donor-conceived child or person to know his/her origins, the right to privacy, and the right to be cared for by both parents. The embryo enjoys some kind of protection (ban on experiments, creation chimeras, restriction of creating too many embryos, creation of embryos solely for donation…), but not entirely. Intended parents, as patients, also enjoy the protection of their rights, but with some restrictions owing to the possibility of being beneficiaries of Assisted Reproductive Technology (ART), such as personal status, age, capability to exercise parental responsibility, etc. In practice, even though heterologous assisted reproduction technologies are permitted, no donor programmes exist, so couples seek medical help abroad, supported financially by the State Health Insurance.