The rights of the mother to the embryo at the dissolution of marriage
Keywords:
spouses, divorce, parenthood, mother's rights, embryo, assisted reproductive technologiesAbstract
The author examines the issue of the legal status of the embryo, the rights of parents to the embryo, the legal fate of the embryo upon dissolution of marriage, substantiates the right of a woman to motherhood. The object of the study is a complex of legal relations arising during the application of assisted reproductive technologies. The aim of the work is to substantiate the right of a woman using assisted reproduction during marriage to become a mother even after the dissolution of marriage, while retaining her right to implant the embryos obtained. With the help of general logical methods of theoretical analysis, system analysis, formal legal method and interpretation, the issues of the legal regime of the embryo are investigated, examples from judicial practice are given, the preferential right of a woman to motherhood is justified through the ratio of the rights of a man and a woman to be parents after the dissolution of marriage. Criteria are proposed for resolving disputes about the fate of embryos in the absence of unequivocal consent.