Oploditev z biomedicinsko pomočjo po novi ureditvi : spolna asimetrija in prezrt položaj otrok

slovenian

2025

assisted reproduction   children’s rights   constitutional law   discrimination against men   gender equality   surrogacy

Fakulteta za slovenske in mednarodne študije v Kranju
(Obvezni izvod spletne publikacije)

the article examines the legal and constitutional dilem-mas of artificial insemination regulation in Slovenia follow-ing the 2024 Constitutional Court decision that granted ac-cess to single and same-sex women. the author argues that while the ruling eliminated discrimination against women,it simultaneously created a new form of inequality by ex-cluding men from the possibility of biological parenthood due to the absolute ban on surrogacy. this legal framework amounts to gender discrimination and an infringement of men’s rights to family life and reproductive autonomy. the paper also addresses the rights of children born through assisted reproduction, focusing on their right to know their origins and to legal certainty regarding parenthood. Based on comparative analysis, it proposes the introduction of a strictly regulated altruistic surrogacy model that would pre-serve women’s dignity, ensure gender equality, and safe-guard children’s rights.

06.07.2026