Assisted reproduction techniques, legal aspects and violation of fundamental rights in Peru

Rivera Paredes C.A.; Dueñas Roque D.M. · Justicia (Barranquilla) (2025) · DOI: 10.17081/just.30.47.8193

Resumen

The investigative approach utilizing a mixed method with a concurrent triangulation design analyzed the challenges posed by the legal void regarding assisted reproductive techniques in Peru (ART), with an emphasis on the legal insecurity faced by the involved parties and the transgression of fundamental rights, particularly the right to reproductive health and the formation of a family. The legal-dogmatic component examined the inadequacy of the Peruvian regulatory framework in relation to international standards, while the quantitative aspect involved structured surveys with a Likert scale applied to 79 key stakeholders: 42 public notaries, 12 directors of assisted reproductive clinics, and 25 ART users. A census sampling was utilized, and Spearman correlation tests were applied, finding significant associations (p < 0.01) between the legal vacuum and the transgression of fundamental rights, with coefficients exceeding 0.65. In parallel, the qualitative component comprised semi-structured interviews aimed at analyzing the perception of the impact of the legal void, with special attention to affiliation, gamete donation, and medical responsibility; regarding the transgression of rights, it focused on the right to health and the formation of a family. The integration of both approaches revealed that the legal void surrounding assisted reproductive technologies (ART) in Peru generates significant legal insecurity among the involved parties. The normative indefinition regarding affiliation, gamete donation, and medical responsibility requires urgent legislative intervention aimed at establishing clear criteria that ensure legal certainty and equity in access to these techniques.

Instituciones: Universidad Nacional del Altiplano