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The effects of the biogenetic component in recognizing same-sex filiation in Spain

Marta Roca i Escoda

This article takes up the line of thought arising out of bioethical research that seeks to analyze the intersection of three phenomena : the development of new assisted human reproduction technologies ; their legal and normative framework ; and new rights granted to sexual minorities, especially with respect to recognition of same-sex parenting. My discussion concentrates on legal changes in Spain with respect to same-sex filiation, both male and female, as they relate to assisted reproduction techniques. This choice is motivated by the fact that Spain, by allowing same-sex couples to marry, has gone further than other European countries in recognizing homosexual filiation. But in the end, the existence of several types of legal no man’s land throws up roadblocks in recognizing this type of filiation. In legal and political debates surrounding these legal impasses, it is the biological and genetic components of filiation that tend to be emphasized. My analysis therefore aims to show more specifically how, in these debates, the biogenetic component enters into the conception of filiation, from the viewpoint of both the legal system and the practices of same-sex couples.