On family-value legal guidelines in the reproductive sphere
Keywords:
matrimony, biomedical aspects, motherhood and fatherhood, reproductive choice, reproductive technologies, exceptions to gender equalityAbstract
Constitutional amendments on traditional family values, novelties of Russian family and medical legislation, trends in judicial practice indicate not entirely satisfactory regulatory and legal solutions in the reproductive sphere. In the institution of marriage in the "dark niche" there remain separate variations of misconception in the subject as the grounds for invalidating the family union (concealment of the facts of sex change, non-traditional orientation, infertility), as well as a proposal to take into account the position of the spouse in the issue of maintaining pregnancy. The Institute of Motherhood and Fatherhood records the lack of reaction of the law to same-sex parenthood that arose after a sex change in marriage, as well as the ineffectiveness of the norms governing relations in the field of surrogacy, in particular, the contradictory position of the higher courts on the application of the surrogate mother's consent to record paternity/maternity of genetic parents, as well as the prohibition of participation in the "single man" surrogacy program.