Patient’s right to reproductive technologies: legal dimension
Journal Title: Вісник Національного технічного університету України “Київський політехнічний інститут”. Політологія. Соціологія. Право. - Year 2017, Vol 3, Issue
Abstract
The article analyses the problem of legal regulation of patient’s status using auxiliary reproductive technologies. It is specified that such rights do not have a clear legal regulation. International law has not yet developed a unified methodological approach to these human rights. Existing regulatory acts usually leave all questions for the consideration of the domestic law. The article focuses on the legal problems of regulation of these technologies: issues of legal regulation of the status of persons to whom ART is applied; the question of the possible excess of the limits of interference in the genetics of a person; the problem of selection of embryos in multiple pregnancies; legal regulation of reproductive technologies in the light of research activities refers to the possibility of using reproductive technologies not for procreation but for other purposes. First and foremost, this is the creation of an embryo of human beings for experimental purposes. There is also an emphasis on ensuring the equality of rights and freedoms of children born with the use of ART among other peers. The final problem is identified as a special treatment towards the storage and exchange of information on donors and surrogate mothers. In this context, an important issue is to create a genetic databank since such information may be necessary for the child or even his/her descendants. It is stated that the legislation on auxiliary reproductive technologies is fragmentary and inconsistent, which threatens to violate the rights and interests of patients. This means that there is a need to improve the current legislation. A law is required that combines biotic and reproductive issues. The main point is that such a regulatory act would promote the recognition at the state level the existence of human reproductive rights and ensure their implementation and would increase the protection of patients’ rights and their level of awareness and culture in the field of reproductive health.
Authors and Affiliations
М. Ю. Щирба
Keywords
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