In vitro embryo as intangible benefit of future parents
Keywords:
embryo in vitro, personal rights, parenting, use of embryo, non-economic benefit, inheritance of the pre-implantation embryoAbstract
The development of modern reproductive technologies has led to the fact that such an intangible benefit as life became necessary not only for protection, but also in legal regulation of the very moment of its birth. The study assesses human embryo as an intangible benefit by studying and comparing legal doctrine, judgements of national and international courts. The study showed that the embryo is created by the exercise of a personal non-economic right of paternity, an exclusive right of the man and woman whose biological material was used to create the embryo. The disposal of the embryo is possible only by mutual consent before the embryo is transferred into the woman’s body. The legal nature of the embryo is important for the protection of the rights and interests of both men and women, especially when one partner has changed his or her mind about having joint children, or when one or both partners have died.