Open AccessPROBLEMS OF LEGAL REGULATION OF EXTRACORPORAL FERTILIZATION
Author(s) -
Н.Н. Головина,
И.В. Кирюшина
Publication year - 2020
Publication title -
rossijsko-aziatskij pravovoj žurnal
Language(s) - English
Resource type - Journals
ISSN - 2687-010X
DOI - 10.14258/ralj(2020)1.3
Subject(s) - legislature , object (grammar) , legal status , political science , law , subject (documents) , domain (mathematical analysis) , field (mathematics) , public domain , law and economics , business , sociology , computer science , history , artificial intelligence , mathematical analysis , mathematics , archaeology , library science , pure mathematics
The regulatory environment lags behind developing social relations is quite natural. However, the gapin the domain of legal regulation of assisted reproductive technology has become excessive. Despite theextensive practices of using such technologies, at the legislative level even the question of what an embryoand an object or a subject of law are, has not been solved yet. The paper explores analysis of approaches tosolving this issue, expressed both in the juridical literature and legal precedents (including foreign ones).The approaches to solving the problem of disposing an embryo in a conflict between potential parents and incase of death of one or both of them are analyzed. The authors conclude that it is necessary to legislate thedefinition of an embryo and the characterization of its right status at the legislative level. It is necessary toregulate in detail the assessment of the quality of the provision of medical services in the field of reproductivemedicine