Legal issues of preventing falsification in the field of assisted reproductive technologies

The birth dearth in modern Russia is a serious demographic problem that requires a comprehensive decision. A priority in this area is the expansion of the use of assisted reproductive technologies. Legislative consolidation of the possibility of using various methods of infertility treatment should be accompanied by a detailed study of the standards that protect relations in this area. At the same time, the legal regulation of assisted reproductive technologies is at a rather low level, as a result of which conditions are created for committing abuses and crimes. An analysis of the current legislation revealed the risk of committing various crimes in the field of assisted reproductive technologies: fraud, human trafficking, harm to health in the provision of medical services. Separately, it is necessary to note the threat of falsification of evidence in civil cases in disputes about the origin of children and other disputes arising from the surrogacy agreement. One of the tasks of criminalistics is the prevention of crime. Therefore, the goal of this research work is the criminalistic security of the process of artificial human reproduction from abuse and crime. This study allowed us to conclude that in order to prevent crimes committed in the field of assisted reproductive technologies, the following measures should be taken: establish a mandatory notarized form of a surrogacy agreement; provide for a criminalistic analysis of the adopted legislation governing ART; to provide the court and the persons involved in the case with criminalistic knowledge about the methods of commission and the means of detecting falsification of evidence; establish a mandatory warning to the person sending documents through the “My arbiter” and “E-justice” systems about criminal liability for falsification of evidence.

criminalistics, prevention of falsification of evidence, assisted reproductive technologies, surrogacy, electronic document exchange