Assisted Reproductive Technologies: Civil Legal Regulation

Abstract

This article examines the peculiarities of applying assisted reproductive technologies (ART) from a civil legal regulation. It has been proven that ART is an object of social relations that are subject to legal regulation. Specific aspects of ART subjected to civil-legal regulation are identified. The civil-legal aspects of regulating ART involve various legal relationships, including those related to the exercise and limitation of civil rights. For instance, some countries impose restrictions on the right to surrogacy. Prohibitive measures are widely enforced globally concerning human cloning. In Ukraine, restrictions are imposed on the parental rights of surrogate mothers, specifically in relation to children born through ART-based surrogacy. Several features pertain to personal non-property rights of individuals regarding ART. These rights are viewed within the context of the right to health protection and life. Intellectual property rights associated with ART also require special attention. Currently, dozens of fertilization techniques constitute ART. Innovators enhancing these technologies (methods) may claim authorship rights. Additionally, there are other personal non-property intellectual property rights associated with the development of these technologies. Intellectual property rights concerning ART may manifest as know-how, literary works, etc. Their creators acquire proprietary intellectual property rights, including the right to remuneration. Distinct features are observed in contractual relationships facilitating the implementation of ART. These agreements belong to the domain of medical services. The application of ART, in cases of failure to fulfill obligations or the occurrence of damages, involves civil liability (contractual or tort). The further development and application of ART require the refinement of civil-legal regulations to balance and safeguard the rights of all participants in these legal relationships: medical institutions, donors, and patients.