Three-Parent Baby in Family Law: Legal Challenges on New Reproductive Technologies

Abstract

One of the most controversial developments in this field is mitochondrial transfer technology, which has made it possible to create so-called “three-parent babies.” In this process, the child’s genetic material includes DNA from the biological parents and mitochondrial DNA from a third donor, with the aim of preventing the transmission of severe mitochondrial diseases, where the donor’s genetic contribution is relatively small in percentage. Although the genetic contribution of the donor is relatively limited, the use of this technology has opened important debates in legal and bioethical terms. The use of this method has raised a series of important legal and ethical issues, particularly in relation to the determination of paternity, the status of the donor of genetic material, the right of the child to know his biological origin, and the impact that these technologies have on the traditional concept of the family, thus adding to the complexity of the legal relationships between individuals involved in the reproduction process. The study analyzes the impact of these developments on the traditional concept of the family and on the fundamental principles of family law, highlighting the complexity of legal relationships that arise from the involvement of more than two subjects in this process. Through a doctrinal and comparative approach, it examines the ways in which different legal systems regulate or limit the use of this technology, highlighting the lack of a unified approach at the international level. The study relies on secondary data collection methods. It is based on a comprehensive review of existing legal sources, including legislation, academic literature, and international legal instruments. Finally, the study emphasizes the need for the development of a clear legal framework that guarantees a balance between scientific innovation and the protection of the best interests of the child.