Peculiarities of determining the origin of children born as a result of the use of assisted reproductive technologies in Ukraine, The European Union and The United States
DOI:
https://doi.org/10.61345/1339-7915.2023.3.7Keywords:
reproductive health, reproductive rights, determination of the child’s origin, assisted reproductive technologies, surrogate (substitute) motherhood, biological paternityAbstract
The article considers the legal basis for determining the origin of children born as a result of the use of assisted reproductive technologies, and in particular through surrogate motherhood, analyzes domestic and foreign legislation regulating the procedure for determining the origin of the child. It is emphasized that the recognition of each person’s rights such as the right to create a family, the right to respect for private and family life, the right to procreation, poses the task for the State and the international community to create optimal mechanisms for regulating new rights that have arisen with the development of modern medicine.
The article is aimed at a comprehensive analysis, disclosure of the essence and features of legal regulation of determining the origin of a child born through the use of assisted reproductive technologies under the legislation of Ukraine, the European Union and the United States.
The author stresses that among the problems inherent in the institution of surrogate motherhood in countries of the world, it is necessary to highlight the following: lack of proper monitoring of surrogacy cases, inadequate control by state authorities, which ultimately can lead to violation of the rights of biological parents, surrogate mother, as well as the child himself; risk of genetic parents abandoning a child born with physical or mental disabilities. The author proved that the use of assisted reproductive technologies by the method of substitute (surrogate) motherhood can be carried out only in relation to citizens of Ukraine and foreigners-citizens of countries in which such a method of assisted reproductive technologies is not prohibited by law, and in cases where foreigners do not live in the country of citizenship, − also by law of the country of residence. In this case, the conditions for the use of substitute (surrogate) motherhood should be the genetic connection of the child with at least one of the future parents and the absence of a direct genetic connection of the child with the substitute (surrogate) mother, except in cases when the substitute (surrogate) mother is a relative of the future parents.
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