In Vitro Fertilization. The Rights of the Unborn Child according to the Regulations Contained in the National and European Legislation


  • Carmen Ion
  • Alexandra Novac-Leca


The in vitro fertilization procedure involves rigorous knowledge of the category of human
rights which concerns, in particular, the right to life and health of the child and women. The protection
of human life and dignity are part of the primary obligations of any rule of law, and this protection
includes prenatal life, respectively the protection of the rights of the unborn child. Both European norms
and national criminal legal provisions ensure the existence and observance of a functional legal
framework to protect in case of need the rights of the fetus, the in vitro fertilization procedure being
especially likely to give rise to legal situations involving the knowledge and observance of all the rights
associated with the human being.


Răpeanu, Gr. (1960). Manual of criminal law, special part. Bucharest.

Braunstein, B. (1959). Criminal law, special part. Iasi.

The annotated civil code of the Republic of Moldova, art. 2167.

Lupașcu, Dan (2022). Civil Code, January 2022, Bucharest.

https: // - PACT ONU 16/12/1966.

Berindei, Mihaela-Gabriela, Short considerations regarding the moment of the birth of the maintenance

obligation of children in the charge of the parents.

Biroul National de Statistica al Republicii Moldova, publicatia statistica „Copii Moldovei”/National

Bureau of Statistics of the Republic of Moldova, statistical publication “Children of Moldova”, pag.