Legal problems raised by the subject of consent in contracts for assisted human fertilization in accordance with Federal Law No. 11 of 2008 on the licensing of fertilization centres in the State (study compared to some foreign and Arab legislation)

Abstract

Consent is subject to the provisions and rules governing the theory of the contract; The departure from it affects the circle of invalidity, an important legal area, and of the same importance adds the subject matter of the human body and its inviolability, almost specific and restrictive general principles of freedom of contract, as well as the lack of compulsory implementation of contracts, and satisfaction is considered in therapeutic or medical contracts - in general - according to two sections: The first can make some therapeutic medical interventions regardless of the patient's satisfaction - emergencies - and the second cannot do some interventions despite the patient's satisfaction - some medical experiments are an example - and the specificity of assisted human fertilization techniques adds some perceptions that make the consent of the couple special features.

All this makes the roadmap before the legislator not an easy task. If it is required to walk in precise lines, it may prejudice one of the above-mentioned public statements. hence the importance of the study, to discuss the conditions and advantages of satisfaction by the competence to issue consent in contracts for assisting human fertilization, this study has reached many conclusions and recommendations, the most important of which is the need to determine the consent controls issued by the spouses in the contracts for assisting human fertilization.