Abuse of assisted reproductive technology

Abstract

At the present development stage of society, the issues of legal regulation and development of a reproductive technology mechanism are becoming more and more urgent in people's lives. An important place in solving these issues is given to the law-making policy of the state in this area¹, which makes it possible to overcome difficult life situations in cases of the expressed intention of persons to become parents but having medical obstacles to this. The sought-after social patterns, supported by a legal component, include reproductive technology, which is lagging in matters of regulation in Russia. Indeed, attempts have been made for many years to understand, accept, and apply reproductive possibilities in the everyday life in legal science. However, the Federal Law “On Assisted Reproductive Technology and Guarantees of Citizens' Rights in Their Implementation” has not been adopted in Russia, which undoubtedly intensifies legal discussions in this area. Within this topic, particular attention should be paid to clause 1 of Article 38 of the Constitution of the Russian Federation, which proclaims that "motherhood, childhood, and family are under the state protection". In this regard, it is necessary to achieve clarity and unity of views, to unify legal relations to achieve harmony of the components of theoretical and legal significance in matters of reproduction, since the effectiveness of application and the number of abuses in this area depends on the solution of this issue. The main aim of the study is to investigate the domestic law enforcement practice and the controversial issues of the use of assisted reproductive technology arising in practice, which indicates the lack of clear interaction in solving general social problems of reproduction and a rational law formation method.