Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Postmortal and Posthumous Reproduction: Ethical and Legal Approaches to the Legalization

Author(s): Iryna Chekhovska, Vladyslav Teremetskyi, Iryna Bozhuk, Liliya Knyazka, Oksana Obryvkina, Lyubov Meniv

 The analysis of ethical and legal approaches to the legalization of postmortal and posthumous reproduction has been carried out in the article on the basis of the analysis of domestic legislation, international documents, international experience, data of sociological surveys, analytical materials, scientific achievements of domestic and foreign scholars. It has been established that the legal regulation of legal relations in the field of implementing the postmortal reproduction programs in some countries is imperfect, and in most countries it is absent at all. There is a variety of ethical approaches to the introduction of posthumous and postmortal reproduction.

It has been proved that there is an identification of the concepts of “posthumous reproduction” and “postmortal reproduction”. The criteria of such differentiation have been offered: child’s birth term; a genetic relationship with parents and informed consent to reproduction, as well as paternity records; use of assisted reproductive technology or posthumous insemination; passing the obligatory legislative procedure of establishing paternity (maternity) or guardianship after the birth of a child; settling the issue of the ownership of gametes or embryos and terms, rules of storage, use, destruction of genetic material of the recipient; settling property rights of a child born in such a way.

The content of the terms of “posthumous” and “post mortal” reproduction has been determined and their author’s definition has been formulated. The functions of reproductions have been singled out. It has been established that legal relations in the researched sphere have a number of civil characteristic features. Propositions for improving the legislation regulating posthumous reproduction have been developed and directions for improving the legislation on legalization of post mortal reproduction have been defined.



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