Legal Protection of the Parentage of a Child Born Through IVF Between Spouses

Abstract

In vitro fertilization is widely accepted by people suffering from infertility, this is what the Algerian legislator reveals and sets the conditions, procedure, and the scope of this legality was limited to the conjugal bond. However, the problems of artificial insemination are not limited to its legitimacy only, but also related to the proportions of the newborn from these processes, especially if the insemination takes place after the end of the marital bond through divorce or death. This research aims to explain the cases in which the artificial insemination processes are legitimate and the child is attributed to the parents, as well as the effect of post-mortem and divorce insemination on the lineage of the child. The importance of this issue appears in its link to the issue of childbearing, which is the fruit of marriage, and its connection with the issue of lineage, which is considered one of the most important rights of the fetus, and from it other rights are branched out, such as inheritance and alimony.