Open AccessAPPLICATIONS OF GENETIC TECHNOLOGIES WHILE PROVIDING SERVICES FOR SURROGACY: PROBLEMS OF JUDICIAL PROTECTION OF RIGHTS
Author(s) -
Анатолий Николаевич Левушкин,
Suliko V. Alborov
Publication year - 2020
Publication title -
pravovoe gosudarstvo: teoriâ i praktika
Language(s) - English
Resource type - Journals
ISSN - 2500-0217
DOI - 10.33184/pravgos-2020.2.5
Subject(s) - relevance (law) , analogy , emerging technologies , human rights , political science , work (physics) , law and economics , law , engineering ethics , sociology , computer science , engineering , philosophy , linguistics , artificial intelligence , mechanical engineering
At the present stage of the formation of the rule of law and a developed civil society in Russian medical practice, the possibility of using genes and genetic technologies related mainly to the sphere of private life for surrogacy and protecting the rights of citizens while providing such services is of particular relevance. A scientific school in the field of medicine has already been formed in the world, aimed at implementing genetic technologies and genomic research with assisted reproductive technologies.Aim: scientific and practical understanding of the problems of judicial protection of rights in the sphere of applying genetic technologies while providing surrogacy services and some trends in legal regulation of surrogacy.The methodological base of this work is general scientific methods of cognition of legal phenomena, such as synthesis, the method of analogy, formal logic, and others, as well as the private scientific methods of studying contractual regulation.Results: It is proved that modern society has existed for a long time in the era of genetic technologies. The practice of introducing such developments is aimed at the implementation and protection of human rights while providing surrogacy services in medical activities. The problems of judicial protection of the rights of subjects of legal relations of surrogate motherhood are identified. In legal relations of childbearing, in which a donor of genetic material took part, the need to protect the rights of a given person has been proved when he is charged with parent duties, although his actions were not aimed at giving birth to a child.