[Genetic reading of the decision of the Constitutional Court on the appeal on unconstitutionality against Law 35/1988 on Assisted Reproduction Techniques].

In this article we provide a "genetic reading" of the challenge on grounds of alleged inconstitutionality made against Spain's Law on Assisted Reproduction Techniques (Law 38/1988) and of the ruling handed down by the Constitutional Court on 17 June 1999. A critical appraisal is given of some genetic and biological concepts which, in the author's view, are used incorrectly in the legal texts presented. The article also shows that at the heart of the matter lies still the latent problem of the status in law of embryos. Lastly, brief reference is made to the issue of freedom of research.