Open AccessAssisted reproductive technologies as a legal category
Author(s) -
Оксана Покальчук
Publication year - 2021
Publication title -
teorìâ ì praktika ìntelektualʹnoï vlasnostì
Language(s) - English
Resource type - Journals
eISSN - 2519-2744
pISSN - 2308-0361
DOI - 10.33731/62020.234068
Subject(s) - scope (computer science) , reproductive technology , reproduction , legal doctrine , engineering ethics , emerging technologies , field (mathematics) , assisted reproductive technology , law , political science , sociology , computer science , engineering , biology , infertility , ecology , embryo , pregnancy , genetics , mathematics , artificial intelligence , pure mathematics , embryogenesis , programming language , microbiology and biotechnology
Keywords: moral rights, assisted reproductive technologies, legal category
The author analyzes the legal concept of «assisted reproductive technologies», which is presentedin the works of Ukrainian and foreign scientists. Given the nature and essence of theuse of assisted reproductive technologies as social relations, the author concludes thatthe main part of the researches belongs to the Civil Law branch of scientific knowledge.It is because the right to assisted reproductive technologies is a part of the system ofmoral rights which are the part of the regulation of Civil Law. At the same time, withinthe legal literature the doctrinal understanding of assisted reproductive technologieshave rather multifaceted, but ambiguous nature of its' scope.Thus, the content of the views of scientists which are analysing in the article, reflectsthe provisions on: a) the functional purpose of assisted reproductive technologies; b) thecontent of their application in the determined cases; c) their instrumental understandingas a set of manipulations (methods, techniques, etc.); d) the exceptional importance of these technologies as the main means of overcoming infertility and solving demographicproblems of today; e) innovative nature of use in the medical field.In addition, at the level of modern legal doctrine, the scientific researches of legal aspectsof assisted reproductive technologies is multi-vector, especially in terms of studyingtheir medical and legal nature, content and consequences, accompanied by increasingrelevance of their knowledge under the influence of rapid medical development, inventionand implementation of new medical technologies, including in the field of human reproduction.Generally modern scientific researches on the legal aspects of assisted reproductivetechnologies is represented by a wide range of scientific works, but most of them aremulti-vector in nature, and scientific conclusions are mostly scattered and not systematized.In fact, the «harmony» of the conceptual and categorical apparatus for assisted reproductivetechnologies is important for the formulation of a scientific problem and thedefinition of methods for its further resolving.