The jurisprudential reality of Assisted Human Reproduction Techniques in Peruvian Courts

Abstract

In recent decades, Peru has witnessed a remarkable rise in the use of assisted human reproduction technology (ART) which can be attributed to various pathological and social factors. The prevalence of infertility, recognized by the World Health Organization (WHO) as a disease, has led individuals to increasingly turn to these innovative methods. ART has notably gained traction at the national level. However, due to the absence of pertinent explicit regulations in Peru, legal issues have arisen concerning the recognition of the filial bond between those born through these techniques and their parents who had "procreational will” to conceive them, but not the biological ability. These problems have led to various legal rulings, primarily addressing questions of determining maternity or paternity. This article aims to present and analyze different cases discussed in the Supreme Court and Constitutional Court of Peru related to ART, with a focus on "egg donation" and "surrogacy," which have contributed to the development of an interesting jurisprudence grounded in general principles of law.