The initial part of the paper contains a historical overview of the events that preceded and followed the enactment of rules on medically assisted procreation. In that regard, it is pointed out that the most carefully considered and disciplined aspect relates to the freedom of access to the procreative techniques. However, the rules relating to the determination of the status of the child born through the application of such techniques seem to be insufficient. In the final part, the paper aims to seek a principle that could facilitate the determination of the status of the newborn, in case in which the provisions of Law No 40/2004 prove themselves to be incomplete.
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