Civil liability for giving up the parental project after embryo cryopreservation applying the theory of losing a chance

Abstract

The article analyses the civil liability for the abandonment of the parental project arising from homologous assisted human reproduction, after embryo cryopreservation, especially if one of the partners no longer has the possibility of having biological children. It also deals with the applicability of the loss of a chance theory and the need for assisted reproduction clinics to work better on the issue of the informed consent of their patients, in cases of abandonment of the parental project. The deductive method and bibliographic and jurisprudential research were used to prepare the text.