Application of Artificial Methods of Reproduction in Russia and Kazakhstan: Comparative and Legal Analysis of Legislative Regulation

In order to match the rapid development of reproductive medicine, the legislative regulation of assisted reproductive technologies implemented in the Russian Federation and the Republic of Kazakhstan is progressively evolving. In this study, the author analyzes the foundations of the regulatory development of assisted reproduction in Russia and Kazakhstan. The researcher pays special attention to the legislative acts and by-laws of the states, on the basis of which he identifies a number of problematic aspects in comparing the legal regulation in the two countries: 1) the lack of a specific and exhaustive list of assisted reproductive technologies (Russia); 2) a significant gap in the age limit for subjects of reproductive legal relations (Kazakhstan); 3) the absence of requirements for a surrogate motherhood agreement, including the obligation to notarize it (Russia); 4) permission (through the absence of a direct prohibition) of a surrogate mother to be an egg donor (Kazakhstan); 5) there is no ban on off-purpose use of gametes and embryos, including export abroad (Russia). As a solution to the identified problems, the author proposes through a dialogue between the legislators of the two countries with the involvement of the academic community (physicians and lawyers) to develop a position on each aspect of the study, as a result of which problems will be eliminated and positive experience will be adopted.

medical law, comparative legal studies, artificial reproduction, assisted reproductive technologies, ART in Russia, ART in Kazakhstan, surrogacy, human rights