This paper analyzes the Case Fertilization in vitro vs. Costa Rica, judged by the Inter- American Court of Human Rights, from the perspective of bioethics and law. For this, the theories about the beginnings of life were discussed, as the theoretical debate of the Kantian imperative and the Beck's risk society, in order to provide the discussion on human dignity and risks of research in biotechnology and genetics. For the IACHR,to prohibit fertilization in vitro in Costa Rica was discriminatory and violated theduty of not arbitrary interference in private life and the right of family’s formation.