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

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Abstract

The long-term use of assisted reproductive technologies (hereinafter referred to as ART) not only allows us to experimentally improve the clinical process of overcoming infertility, but also inevitably reveals a set of problems in the legislative regulation of assisted reproduction in the Russian Federation and Ukraine: 1) the lack of a specific and exhaustive list of ART (Russia); 2) availability of a permit for the export of cryopreserved germ cells, tissues of reproductive organs and human embryos abroad (Ukraine); 3) the absence of requirements for a surrogate motherhood agreement, including the obligation to notarize it (Russia); 4) the presence of a requirement for a surrogate mother to waive her right to a child born by her through ART while formally retaining such rights for her until the state registration of the birth of a child (Ukraine); 5) the absence of a fixed ban on the choice of the sex of the unborn child and the use of a human embryo for industrial purposes (Ukraine). As a solution to the identified problems, the author of the undertaken study proposes, through the adoption of positive experience, to implement the reception of norms that meet the interests of patients in both states.

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About the authors

Alexey N. Dovnar

Moscow State University for the Humanities and Economics

Author for correspondence.
Email: dovnar.mggeu@mail.ru
Russian Federation, Moscow

References

  1. Dovnar A.N. Changes in legislation and problems of reproductive tourism: a review of hearings in the Public Chamber of the Russian Federation // Gaps in Russian legislation. 2021. T. 14. No 1. P. 86
  2. Surrogacy for foreigners: child trafficking in the international market // TACC. URL: https://vk.com/video-210951176 456239846 (date of access: 20.01.2023)

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