IVF Children Acquiring Emirati Citizenship by the Nationality of a Parent (Jus Sanguinis)

被引:0
作者
Al-enizi, Ziad [1 ]
Mahameed, Waleed Fouad [1 ]
机构
[1] Al Ain Univ, Coll Law, Abu Dhabi, U Arab Emirates
来源
BANGLADESH JOURNAL OF MEDICAL SCIENCE | 2023年 / 22卷 / 03期
关键词
citizenship; in vitro fertilization (IVF); nationality; private law; the right of blood; IN-VITRO FERTILIZATION; DONATION;
D O I
10.3329/bjms.v22i3.66963
中图分类号
R5 [内科学];
学科分类号
1002 ; 100201 ;
摘要
Objective. The technology of in vitro fertilization (IVF) opened a new era in the treatment of infertility but at the same time it created new challenges for civil and international private law. This concerns the issues of determining and/or acquiring child citizenship and legal conflicts associated with this. Materials and methods. This study examines the aspects of obtaining UAE citizenship through the study of the UAE Citizenship Law and the principle of jus sanguinis (right of blood) when citizenship is acquired by a parent's nationality. The research aims to identify whether the current legislative regulation of the UAE meets the current challenges in the field of family relations against the backdrop of new medical advances in IVF. The paper considers the aspects of the UAE legal regulation in the scope of family law relationships. The above issues were considered from the critical evaluation prospects taking into account the potential ways for their improvement. Results and Discussion. The problems associated with determining the citizenship for those born as a result of IVF are the subject of discussion, while, as practice shows, the law often does not keep pace with the development of reproductive technologies. Based on the analysis of legal regulation and practice, the study summarizes the grounds for obtaining UAE citizenship by children conceived through IVF and refusals to obtain it. Conclusion. The paper recommends mitigating the requirement of proof of paternity as a condition to grant the nationality to an IVF child, especially in the case of purely medical errors in which father has no responsibility.
引用
收藏
页码:676 / 686
页数:11
相关论文
共 41 条
  • [1] Al Barzanji SI, 2009, NEW REPROD TECHNOLOG
  • [2] Al Hawari AM, 2008, AL WAJEEZ UAE PRIVAT
  • [3] Al Rawi JI, 1984, EXPLAINING PROVISION
  • [4] Al-Abdel OM, 2004, RULINGS NATL UNITED
  • [5] Al-Bar MA, 1986, J ISLAMIC FIQH ACAD, V3, P1
  • [6] Al-Daoudi GA, 2011, PRIVATE INT LAW NATI
  • [7] Al-Kaabi KA, 2006, DNA FOOTPRINT ITS IM
  • [8] Al-Saidi AWAM, 2014, AL NASSER U J, V4, P1
  • [9] Use of in vitro fertilization-ethical issues
    Asplund, Kjell
    [J]. UPSALA JOURNAL OF MEDICAL SCIENCES, 2020, 125 (02) : 192 - 199
  • [10] The Ethical, Legal, and Social Issues Impacted by Modern Assisted Reproductive Technologies
    Brezina, Paul R.
    Zhao, Yulian
    [J]. OBSTETRICS AND GYNECOLOGY INTERNATIONAL, 2012, 2012