suggested citation: M. Mosiek-Brasset, La loi applicable aux filiations issues d’une technique d’assistance médicale à la procréation dans la proposition de règlement européen de la filiationlceonline (www.lceonline.eu), 3/2024, II/Rubriche.
key words: applicable law, filiation, medically assisted procreation, proposal for a European regulation
abstract: Medically assisted procreation puts private international law to the test: the difficulties that arise when implementing the conflict-of-laws rules applicable to filiation are a topical illustration. The aim of this contribution is to identify the solutions offered by the present draft regulation to the specific problem of the fragmentation of the law applicable to medically assisted procreation. The principle of connection set out in Article 17 of the proposed regulation seems, a priori, to resolve several difficulties. The addition of alternative connections makes Article 17 a genuine conflict-of-laws rule with a material coloring, capable of prescribing a distributive application of several laws, the explicitly stated aim of which is to enable the child’s parentage to be established with both parents. This conflict-of-laws rule seems to express the spirit of favor filiationis, and is in line with the solutions advocated at European level in view of the need to guarantee children respect for their private lives. The public policy exception in article 22, for its part, allows the law applicable under article 17 to be disregarded “if such application is manifestly incompatible with the public policy of the forum”: an opportunity for us to discuss the impact – or, on the contrary, the absence of impact – of the child’s mode of conception on the law applicable to his or her filiation.
