Medically assisted procreation (MAP): from the treatment of infertility to the completion of a parental project, evolution or revolution?

Abstract

French law regarding medically assisted procreation (MAP) has undergone profound changes, which were initiated by the law of August 2, 2021 on bioethics. This text significantly changes the legal framework of MAP, which involves three main aspects. First, the use of gametes other than those of the couple may be necessary: gamete donation is authorized, provided that it is voluntary, free and anonymous. These same requirements apply to the reception of embryos. Secondly, the purpose of MAP has been profoundly modified: although the medical purpose is still acknowledged (to combat pathological infertility in a couple or to avoid the transmission of a disease to the child or to the other member of the couple), it has taken a back seat to the notion of parental project. This shift in the purpose of MAP makes it possible to open up access to female couples and unmarried women. Finally, the establishing of the bond of filiation with the child born from a MAP and the legal securing of this bond are specified by the legislator, with the creation of the anticipated joint recognition for couples of women and the possible lifting of the anonymity of the third party donor at the age of majority of the child.