scholarly journals Reproductive Rights and Surrogate Motherhood: Legislative, Doctrinal and Bioethical Principles

2020 ◽  
Vol 11 (11) ◽  
pp. 69-73
Author(s):  
Onyshchuk I. I.
Keyword(s):  
Assisted Reproductive Technologies ◽  
Reproductive Rights ◽  
Legal Protection ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Not Given ◽  
Human Beings ◽  
Surrogate Motherhood ◽  
Surrogate Mothers ◽  
Trafficking In Human Beings

The sphere of reproductive rights is still beyond the scope of a thorough legal analysis, and it is not given due attention in the legal literature. This may be due to the fact that the concept of reproductive rights is new to Ukrainian law and has not yet found its proper place in the general system of law. There is a lack of scientific development in the issue of protection of the rights of the child to birth, trafficking in human beings for the purpose of exploiting surrogate mothers or children born as a result of surrogate motherhood, etc. The purpose of the study is to analyze the legislative, doctrinal and moral aspects of reproductive rights and to identify effective legal measures to improve the legal regulation of surrogate motherhood in Ukraine and the proper legal protection of the child before and after birth. Experimenting with human gene material as a conception in vitro turns children into a commodity. There is an artificial situation in which wealthy men will hire women to provide contracting services to their offspring. It is difficult to disagree that in surrogate motherhood, as in any business, personal financial gain dominates. So, from this point of view, surrogacy is a kind of market and business. The conception of the child is not a right, but an opportunity that is not given to all, but surrogate motherhood turns the child into an "object of economic agreement and contract, a kind of ordering of goods." The child cannot be considered as an object of property. It is unacceptable to consider the practice of surrogacy as ethical. In addition, forced commercial surrogate motherhood falls within the definition of trafficking in human beings. The issue of reproductive technology must be addressed in such a way that the child born as a result of surrogate motherhood does not fall prey to further exploitation. The author concluded that in many countries with a licensing or altruistic regime, many aspects of the use of assisted reproductive technologies and surrogate motherhood remain unregulated. There is no clear understanding of all the principles and standards governing the use of assisted reproductive technologies and surrogacy agreements. In general, the legislation lacks sufficient standards and provisions to protect the rights of parties to surrogacy agreements. The most controversial issues are the rights of the surrogate mother, the expectant parents and the children born as a result of the surrogate motherhood. At the present stage, legal adaptation of society to the development of medicine in the field of reproductive technologies has not yet taken place in Ukraine. Cases such as the birth of several children by surrogate mothers, births of a child with developmental disabilities, birth of a dead child or miscarriage, the need for an artificial interruption of pregnancy according to the medical opinion of doctors, the termination of marriage by genetic parents, the death of one or both parents. Keywords: reproductive rights, surrogacy motherhood, legal regulation, legal protection, embryo, child rights, family, surrogacy agreement.

scholarly journals Аdvocacy in protecting reproductive rights

2021 ◽  
pp. 62-66
Author(s):  
N. V. Kruchinina
Keyword(s):  
Assisted Reproductive Technologies ◽  
Reproductive Rights ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Surrogate Mothers ◽  
Vitro Fertilization ◽  
Human Reproductive ◽  
Genetic Parents ◽  
Further Development

As the number of infertile couples is growing in Russia, the use of assisted reproductive technologies (In vitro fertilization, surrogacy, etc.) have been widely developed. Thus, there is the urgent need of proper legal regulation and measures to protect the rights of both surrogate mothers and genetic parents from diff erent abuses, including those of criminal nature. The legislation governing relations in this area needs further development. There are a review of foreign laws concerned, and the analysis of different positions on human reproductive rights in this article. An attempt has been made to determine the list of crimes against human reproductive rights. The necessity of advocacy in the sphere of assisted reproductive technologies is reasoned as a measure of protection of human reproductive rights.

scholarly journals Reproductive health and human rights: concept, features and classification

2020 ◽  
Vol 9 (29) ◽  
pp. 550-557
Author(s):  
Oleksandr Shevchuk ◽  
Volodymyr Harashchuk ◽  
Igor Protsiuk ◽  
Sergii Mokhonchuk ◽  
Kseniia Naumova
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Assisted Reproductive Technologies ◽  
Reproductive Rights ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Health Protection ◽  
Synthesis Methods ◽  
Health And Human Rights ◽  
Legal Norms

The article explores the features of reproductive health legal regulation in Ukraine. The concept of “reproductive rights” is proposed, their basic principles are revealed, elements of the system of such human rights and criteria for their classification are introduced. Legal norms don`t fully provide opportunities for individuals` reproductive rights realization and preservation of their reproductive health. The purpose of the article is to disclose the features of legal regulation of reproductive rights implementation when studying the concepts of “health and human rights” and “the concept of reproductive rights”. The methodology of this research is based on use of general scientific and special cognitical methods. Comparative legal and comparative methods have allowed studying of laws governing the human right to access “assisted reproductive technologies”. The formal logical method was used to differentiate the criteria for distinguishing between legal structures “reproductive health”, “protection of reproductive health” and “reproductive rights”. The modeling, analysis and synthesis methods made it possible to identify the legal basis for human rights protection in reproductive health field, the principles for reproductive rights implementation, the reproductive rights system and their classification, and deficiencies in legal regulation. The results of this work allowed us to identify the legal problems of legislation that arise in the reproductive human rights implementation. It was proposed the adoption of a single legislative act in Ukraine, which would comprehensively regulate the reproductive health protection, consolidate reproductive human rights and provide guarantees for their implementation.

Psychological factors in legal regulation of reproductive rights

2020 ◽  
pp. 24-33
Author(s):  
Tamara Leukhina ◽  
Evgeniy Lazarev
Keyword(s):  
Psychological Factors ◽  
Assisted Reproductive Technologies ◽  
Reproductive Rights ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Current Article

After considering the controversial assessments of the legitimacy of assisted reproductive technologies, the current article highlights the need of studying the psychological factors in the legal regulation of reproductive rights in order to determine its boundaries and ways to increase its effectiveness.

scholarly journals Human trafficking and surrogate motherhood: challenges

2021 ◽  
pp. 35-43
Author(s):  
Viktor Checherskiy
Keyword(s):  
Human Trafficking ◽  
Geographical Location ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Reproductive Capacity ◽  
General Description ◽  
Human Beings ◽  
Surrogate Motherhood ◽  
Surrogate Mother ◽  
Objective Aspect

  Owing to modern scientific advances prospective parents, among other opportunities, enjoy the opportunity, which has not been available before. It consists in giving birth to a child by using another woman’s reproductive capacity when the situation seems hardly improvable. The paper examines surrogate motherhood as one of the reproductive methods through the prism of human trafficking. It aims at studying and differentiating such legal phenomena as the sale of human beings and surrogate motherhood, which is provided primarily on a paid-for basis, whose consequences (transferring irrevocably a child from one person to another), are externally similar. The comparative legal and formal legal methods have been employed to provide a general description of international experience in regulating surrogate motherhood. Examples of absolutely opposite ways of pursuing state policy on the legalization of this type of reproductive methods in foreign countries are suggested: from a complete ban to legislative approval and even further simplification of the applying procedure. It has been proved that there is no connection between acknowledgement of the legality of this procedure and the geographical location of states, the level of their economic development, the specifics of the legal system, and the like. It has been stated that none of the countries can be considered a universal example of solving these issues. Based on the example of Ukrainian legislation, the author suggests distinguishing between the objective aspect of selling human beings and surrogate motherhood, which is provided, first of all, for a fee. It is emphasized that due to the peculiarities of reproductive technologies only a child should be the object of trade, not a person’s gametes, zygote, embryo or fetus. When a child is sold, in view of the objective aspect, the child is illegally transferred from one person to another. In legal surrogate motherhood agreements the object of the agreement concluded between the surrogate mother and the future parents is not the child, but the service related to embryo implantation, pregnancy and childbirth, id est, a long process. Based on criminal law, there have been modelled the peculiarities of surrogate motherhood and its assessment used in determining the signs of human trafficking largely depending on genetic relationship between a child and customers (potential parents), as well as a child and a surrogate mother. The mental element making the distinction between surrogacy and the trafficking of newborns is described. It is emphasized that qualifying as «trafficking in human beings» necessitates the proof of direct intent to unlawfully «transfer» a child, primarily in return for a fee. It has been concluded that the legal regulation of surrogacy requires further improvement and consolidation at the legislative level. Investigators and prosecutors should investigate all the circumstances that were associated with the surrogacy methods applied in order to establish whether child trafficking occurred in each specific case.

scholarly journals On the issue of legal regulation of surrogate motherhood

2020 ◽  
pp. 102-108
Author(s):  
Antonina Chuprova ◽  
Nataliya Dolgushina
Keyword(s):  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Legal Framework ◽  
Legal Regulation ◽  
Infertility Treatment ◽  
Medical Community ◽  
Surrogate Motherhood ◽  
Legislative Framework ◽  
State Programs ◽  
Protection Of Participants

The review article describes the legal basis for regulating surrogacy as one of the programs of assisted reproductive technologies, highlights the shortcomings of the Russian legal framework and the complexity of its application in cases related to surrogacy. It should be noted that currently the problem of infertility treatment, including the use of assisted reproductive technologies, is one of the priority state programs. Surrogacy, although controversial among legal scholars and medical professionals, is embedded in these programs. A significant part of the medical community notes that, despite the insignificant contribution of this program to the demography of the country, the ambiguity of ethical aspects, the use of this method of infertility treatment should not be underestimated. At the same time, it is necessary to improve the legislative framework governing the institution of surrogate motherhood, which will ensure the protection of participants in these legal relations.

scholarly journals Surrogate (Replacement) Motherhood or should the uterus be rented?

Pannoniana ◽  
2019 ◽  
Vol 3 (1-2) ◽  
pp. 214-238
Author(s):  
Dejan Donev
Keyword(s):  
Assisted Reproductive Technologies ◽  
Human Life ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Test Tube ◽  
Surrogate Motherhood ◽  
Making A Difference ◽  
Marriage Partnership ◽  
And Gender ◽  
Material Conditions

Abstract After the birth of the “test-tube baby,” the triumphant success of reproductive technologies has dramatically accelerated scientific research in many fields and given hope to couples struggling with the problem of infertility. However, at the same time, new and numerous moral, ethical, bioethical, legal, social, cultural, and gender dilemmas and controversies have been imposed, especially in countries where trends of negative population growth are increasingly emphasized. These assisted reproductive technologies are making a difference, and not just from the aspect of medicine towards sterility. They are also profoundly affecting social and cultural patterns of marriage, partnership, parenting, and gender. Surrogate or surrogate motherhood, as part of the field of reproductive technology issues, calls for an urgent rethinking of the possibilities for institutionalized motherhood practices in contemporary society and its effects in everyday life. In other words, it is an attempt to demystify, denaturalize, and re-evaluate maternal norms, which always indicate relationships in specific material conditions of centralizing or decentralizing public or private power or sociability. However, they primarily and above all are related to the possibility of prior (bio)ethical evaluation, which would ensure sound legal regulation with respect to the possible (evil) use and commercialization of human life.

scholarly journals Evolution of surrogate motherhood: legal aspect

2020 ◽  
pp. 41-46
Author(s):  
Yu.M. Yakushchenko
Keyword(s):  
Assisted Reproductive Technologies ◽  
Legal Aspect ◽  
Reproductive Technologies ◽  
Modern Method ◽  
Legal Regulation ◽  
Ancient Egypt ◽  
Surrogate Motherhood ◽  
Vitro Fertilization ◽  
History Of

The article deals with the study of the history of surrogate motherhood in the world, since the study of the origin of surrogacy and the history of its legal regulation will allow gaining greater insight into the legal nature of this phenomenon. The main periods of development of legislation in the field of surrogacy were analyzed and characterized, and the main problems were identified, as well as further ways of improvement. It is stated that this phenomenon is not new in the history of mankind. It was used in Ancient Egypt, Ancient Greece and Mesopotamia, and the first mentions can be found in the Old Testament. Attention is drawn to the fact that prior to the discovery of the in vitro fertilization method, there was only the traditional form of surrogate motherhood, which in most cases was governed by the rules of morality and customs prevailing at that time in a particular society. It is emphasized that the first references to the legal consolidation of this practice can be found in the Code of Hammurabi. It is stated that surrogacy as a modern method of assisted reproductive technologies has been used since 1985. It is argued that the active development of legislation in this field began after this year. The court cases were considered, which become decisive for the further formation of legislation on surrogacy. The article lists the main legal acts that regulated surrogate motherhood in Ukraine, those that are in force, and those that are invalid. It is concluded that gestational surrogacy as a method of assisted reproductive technology is becoming increasingly popular method for the treatment of infertility, and its legal regulation needs to be improved, especially at the level of international law.

scholarly journals THE RIGHTS TO SURROGATE MOTHERHOOD FOR SAME-SEX PARTNERSHIPS

2020 ◽  
Author(s):  
Оксана Покальчук
Keyword(s):  
Assisted Reproductive Technology ◽  
Scientific Community ◽  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Reproductive Technology ◽  
Same Sex ◽  
Surrogate Motherhood ◽  
Surrogate Mother ◽  
Donor Material

The growing populist sentiment in society and, as a consequence, the reactive adoption of new restrictive legal acts that discriminate and unjustifiably restrict citizens' rights, is a major challenge for the scientific community and human rights in Ukraine. The issue of reproductive rights is one of the most important elements of common discriminatory and often unscientific narratives both in the EU and in Ukraine. Therefore, the scientific community has to take up this challenge and, by examining and exploring the various aspects of the right to reproduce, uphold the rule of science and the rights of Ukrainans, especially in this domain. Surrogate motherhood is always used in combination with other methods of assisted reproductive technology. Thus, surrogate motherhood, as a method of treatment, is burdened not only with legal uncertainty, but also with additional necessary steps (taking donor material, instrumental insemination, etc.) that precede assisted gestation.It is believed that all assisted reproductive technologies, including surrogacy, are treatment methods; therefore, their use cannot in any way depend on a person's social status, including gender self-identification, the fact of marriage or same-sex partnership.The list of medical grounds for surrogate motherhood is defined in the Order of the Ministry of Health of Ukraine On Approval of the Procedure for the Use of Assisted Reproductive Technologies in Ukraine. However, we emphasize that the list should be expanded to include diagnoses of transsexuality and other gender identity disorders according to the International Classification of Diseases. Thus, according to item 10 ofthe Unified Clinical Protocol of Primary, Secondary (Specialized) and Tertiary (Highly Specialized) Medical Care: Gender Dysphoria, reproduction opportunities for FtM patients may include freezing of oocytes (eggs) or embryos. Frozen gametes and embryos can later be used for delivery by a surrogate mother. The question stands whythis possibility is not considered in the protocol for the MtF transition with the subsequent possibility of delivery by a surrogate mother. Obviously, with the MtF transition, even with gender reassignment surgery, including the operation the genitals, the woman is not capable of independent childbearing. Such a woman can thus exerciseher right to reproduction only by fertilizing a donor egg with her sperm and then having the embryo that is genetically hers carried to term by a surrogate mother. The issue of male identity for the origin of the donor material (sperm) also needs separate legal regulation. However, in our opinion, this social group should not be discriminated against in access to surrogate motherhood as an assisted reproductive technology.

Legal restrictions on pre-implantation genetic diagnostics in the framework of in vitro fertilization procedure: foreign experience and Russian perspective

2019 ◽  
Author(s):  
N.A. Altinnik , S.S. Zenin , V.V. Komarova et all
Keyword(s):  
In Vitro Fertilization ◽  
Assisted Reproductive Technologies ◽  
Genetic Diseases ◽  
Genetic Diagnosis ◽  
Reproductive Technologies ◽  
Legal Regulation ◽  
Genetic Diagnostics ◽  
Vitro Fertilization ◽  
Medical Indications

The article discusses the factors that determine the content of the legal limitations of pre-implantation genetic diagnosis in the framework of the in vitro fertilization procedure, taking into account international experience and modern domestic regulatory legal regulation of the field of assisted reproductive technologies. The authors substantiates the conclusion that it is necessary to legislate a list of medical indications for preimplantation genetic diagnosis, as well as the categories of hereditary or other genetic diseases diagnosed in the framework of this procedure.

International legal framework for the criminal legal protection of the embryo

2021 ◽  
pp. 296-308
Author(s):  
Nikolai A. Ognerubov
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Assisted Reproductive Technologies ◽  
Legal Protection ◽  
Reproductive Technologies ◽  
Legal Framework ◽  
Criminal Code ◽  
International Aspects

In connection with the active development and use of assisted reproductive technologies, protection of the human embryo and its legal status issue is currently being actualized. We make an attempt to reveal and explain some of the international aspects of the criminal law protection of the life and rights of the embryo. We consider the concept of “embryo” not only from the point of view of various scientific approaches (medicine, biology, embryology, jurisprudence), but also from the legislative side. We present and analyze the first mention of the embryo in Roman private law in connection with modern domestic law. We carry out an analysis of international legal acts that provide protection of embryos both “in vitro” and “in vivo”, followed by consideration of specific criminal law norms of foreign countries, namely Brazil and Colombia. We pay attention to some of the most famous cases from the jurisprudence of the European Court of Human Rights in order to understand the applied international legal acts “de facto”. The study also takes into account modern domestic legislation and considers point “g” of part 2 of Article 105 of the Criminal Code of the Russian Federation.

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