Problems of assisted reproductive technology's application

Wiad Lek. 2019;72(12 cz 2):2524-2530.

Abstract

Objective: Introduction: Application of assisted reproductive technology facilitates the solution of any nation's reproductive health problems. The aim: is to identify the issues of legal regulation of assisted reproductive technology applying, to analyze legal practice in this area and to determine the ways of overcoming these problems.

Patients and methods: Materials and methods: The authors have studied and analyzed international legal acts, national legislation, decisions of the European Court of Human Rights, sentences and rulings of the courts of Ukraine in the field of assisted reproductive technology's application with the use of philosophical, general and specialized scientific methods.

Conclusion: Conclusions: The imperfection of legal regulation of relations in applying of assisted reproductive technology leads to the criminal prosecution of persons trying to take away children born with the use of such technology from their native countries. The authors have offered to provide general provisions for determining the origin of the child from the mother and father, without requiring the existence of the document about the child's genetic relationship with one of the parents in those countries, where surrogate maternity is permitted.

Keywords: child’s origin; a visiting mother; surrogate maternity; assisted reproductive technology; child trafficking.

MeSH terms

  • Child
  • Criminals
  • Female
  • Human Rights
  • Humans
  • Parents
  • Pregnancy
  • Reproductive Techniques, Assisted*
  • Ukraine