Poland: Legal Perspective of Human Assisted Reproductive Technologies

The study aims to present Polish legislation concerning assisted reproductive technologies (ART). The author discusses several legal documents, including relevant provisions of the Constitution of the Republic of Poland, the Infertility Treatment Act, and the Family and Guardianship Code. All essential issues addressed in these documents are thoroughly analysed, such as the financing and organisation of ART, potential penalisation, and their impact on family law. The author examines these issues within the context of philosophical and legal debates, focusing on delicate topics such as the legal status of embryos, the rights of individuals seeking ART, and the status of donors of reproductive cells and embryos. The author believes there is no inherent right to reproduce as a human right, contrary to neo-Marxist claims. Therefore, the state is not obligated to fulfil the reproductive expectations of various social groups. Unfortunately, Polish legislators appear influenced by this perspective, as reflected in current Polish laws, notably through the insufficient legal protection of children in the prenatal state. Polish legal literature emphasises this concern, and the author aligns with this perspective.