THE NEW LAW ON MEDICALLY ASSISTED REPRODUCTION. BETWEEN DEMEDICALISATION AND STIGMATISATION: THE TRIAL AND ERROR OF THE PRINCIPLE OF EQUALITY

Abstract

The law of bioethics of 2 August 2021 is readily presented as enforcing the “medically-assisted procreation (MAP) for everyone”. It is true that opening up the MAP to female couples and single women made the law depart from the former legal framework which was based on a strong medicalization of this assisted procreation. This shift seems to be justified by the legislator’s intent to ensure equal rights when it comes to parental projects. Nevertheless, this “new” MAP right keeps facing differences in the treatment of applicants based on their gender or sexual orientation.