EMBRYO IN VITRO: ON THE QUESTION OF LEGAL STATUS (FROM THE STANDPOINT OF CIVIL LAW)
The relevance of the issues raised in the article is predetermined by the wide use of the latest scientific achievements in the reproductive sphere and the lack of adequate legal regulation of relations to determine the legal fate of embryos in vitro. Accordingly, the main goal of the study is to re...
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| Format: | Article |
| Language: | English |
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LLC «MIAS Expert»
2022-07-01
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| Series: | Legal Bulletin |
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| Online Access: | https://elibrary.ru/download/elibrary_48999753_63932931.pdf |
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| author | AKHMETYANOVA Z.A GARAEVA G.K. NIZAMIEVA O.N. OPIHTINA E.G. |
| author_facet | AKHMETYANOVA Z.A GARAEVA G.K. NIZAMIEVA O.N. OPIHTINA E.G. |
| author_sort | AKHMETYANOVA Z.A |
| collection | DOAJ |
| description | The relevance of the issues raised in the article is predetermined by the wide use of the latest scientific achievements in the reproductive sphere and the lack of adequate legal regulation of relations to determine the legal fate of embryos in vitro. Accordingly, the main goal of the study is to reveal the optimal legal model of the indicated relations. The paper highlights the problems of determining the legal nature of the embryo and applying the relevant legal norms to it and identifies the gaps in domestic legislation regarding the legal fate of embryos not used in the provision of medical care, as well as embryos that have undergone cryopreservation. This problem is the most acute in the event of divorce of the persons on whose initiative the embryos were created, or in the event of the death of one or both of them, as well as in the event of refusal of one of them to participate in the continuation of the reproductive assistance program. The article provides a critical analysis of legal decisions on the legal status of the embryo in vitro from the standpoint of: 1) the doctrine of law (as a subject of law, an object of law and a special legal phenomenon (sui generis)), 2) Russian legislation, 3) law enforcement practice Russian courts and 4) legal positions of the ECHR. The models of legal regulation of relations on determining the legal fate of cryopreserved embryos, available in certain foreign legal orders and legal doctrine, are also systematized. In the course of the study, comparative legal and right sociological methods, methods of legal modeling and forecasting, and the method of legal interpretation were used. Based on the results of the analysis, a legislative solution to the problem under study was proposed, based on a combination of existing models of legal regulation, as well as ensuring a balance of private and public interests. If there is no dispute between the spouses (partners) about the future fate of the embryo, then priority should be given to their will that is reflected in the agreement, within the limits allowed by law (further use, donation or destruction). However, in the event of a dispute, priority should be given to the person whose position is associated with the gift of life to the embryo, with a one-time release from the status of a potential parent of a party that no longer wants to participate in reproductive technology and assume parental rights and obligations.
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| format | Article |
| id | doaj-art-4524bc704de84a1aa56ecbcc5d800ec2 |
| institution | DOAJ |
| issn | 2658-5448 |
| language | English |
| publishDate | 2022-07-01 |
| publisher | LLC «MIAS Expert» |
| record_format | Article |
| series | Legal Bulletin |
| spelling | doaj-art-4524bc704de84a1aa56ecbcc5d800ec22025-08-20T03:06:09ZengLLC «MIAS Expert»Legal Bulletin2658-54482022-07-01728091EMBRYO IN VITRO: ON THE QUESTION OF LEGAL STATUS (FROM THE STANDPOINT OF CIVIL LAW)AKHMETYANOVA Z.A0GARAEVA G.K.1 NIZAMIEVA O.N.2 OPIHTINA E.G.3 Kazan (Privolzhsk) Federal University Kazan (Privolzhsk) Federal University Kazan (Privolzhsk) Federal University Kazan (Privolzhsk) Federal UniversityThe relevance of the issues raised in the article is predetermined by the wide use of the latest scientific achievements in the reproductive sphere and the lack of adequate legal regulation of relations to determine the legal fate of embryos in vitro. Accordingly, the main goal of the study is to reveal the optimal legal model of the indicated relations. The paper highlights the problems of determining the legal nature of the embryo and applying the relevant legal norms to it and identifies the gaps in domestic legislation regarding the legal fate of embryos not used in the provision of medical care, as well as embryos that have undergone cryopreservation. This problem is the most acute in the event of divorce of the persons on whose initiative the embryos were created, or in the event of the death of one or both of them, as well as in the event of refusal of one of them to participate in the continuation of the reproductive assistance program. The article provides a critical analysis of legal decisions on the legal status of the embryo in vitro from the standpoint of: 1) the doctrine of law (as a subject of law, an object of law and a special legal phenomenon (sui generis)), 2) Russian legislation, 3) law enforcement practice Russian courts and 4) legal positions of the ECHR. The models of legal regulation of relations on determining the legal fate of cryopreserved embryos, available in certain foreign legal orders and legal doctrine, are also systematized. In the course of the study, comparative legal and right sociological methods, methods of legal modeling and forecasting, and the method of legal interpretation were used. Based on the results of the analysis, a legislative solution to the problem under study was proposed, based on a combination of existing models of legal regulation, as well as ensuring a balance of private and public interests. If there is no dispute between the spouses (partners) about the future fate of the embryo, then priority should be given to their will that is reflected in the agreement, within the limits allowed by law (further use, donation or destruction). However, in the event of a dispute, priority should be given to the person whose position is associated with the gift of life to the embryo, with a one-time release from the status of a potential parent of a party that no longer wants to participate in reproductive technology and assume parental rights and obligations. https://elibrary.ru/download/elibrary_48999753_63932931.pdfassisted reproductive technologiesembryo in vitroright to lifesubject of human rightsobject of legal relations |
| spellingShingle | AKHMETYANOVA Z.A GARAEVA G.K. NIZAMIEVA O.N. OPIHTINA E.G. EMBRYO IN VITRO: ON THE QUESTION OF LEGAL STATUS (FROM THE STANDPOINT OF CIVIL LAW) Legal Bulletin assisted reproductive technologies embryo in vitro right to life subject of human rights object of legal relations |
| title | EMBRYO IN VITRO: ON THE QUESTION OF LEGAL STATUS (FROM THE STANDPOINT OF CIVIL LAW) |
| title_full | EMBRYO IN VITRO: ON THE QUESTION OF LEGAL STATUS (FROM THE STANDPOINT OF CIVIL LAW) |
| title_fullStr | EMBRYO IN VITRO: ON THE QUESTION OF LEGAL STATUS (FROM THE STANDPOINT OF CIVIL LAW) |
| title_full_unstemmed | EMBRYO IN VITRO: ON THE QUESTION OF LEGAL STATUS (FROM THE STANDPOINT OF CIVIL LAW) |
| title_short | EMBRYO IN VITRO: ON THE QUESTION OF LEGAL STATUS (FROM THE STANDPOINT OF CIVIL LAW) |
| title_sort | embryo in vitro on the question of legal status from the standpoint of civil law |
| topic | assisted reproductive technologies embryo in vitro right to life subject of human rights object of legal relations |
| url | https://elibrary.ru/download/elibrary_48999753_63932931.pdf |
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