Features of the inheritance rights of children born as a result of artificial insemination
The innovative medical technologies that increase the birth rate, assisted reproductive methods of treating infertility stand out, in the application of which some or all stages of conception and early of embryos are carried out outside the mother's body.
| Рубрика | Медицина |
| Вид | статья |
| Язык | английский |
| Дата добавления | 13.07.2022 |
| Размер файла | 33,7 K |
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As a result of the analysis, it was concluded that the consent of the testator to posthumous reproduction and the limitation of the period of conception of a child are recognised abroad as necessary conditions for inheritance by posthumous conceived children, but in order not to unbalance the regulation and not violate the interests of all persons involved, a period that limits the period of conception or birth of a child-heir is determined more thoughtfully and humanely, and additional rules are established to ensure certainty of relations and preservation of hereditary property. In Ukraine, there are opposing views on the possibility of recognising inheritance rights for a child who were not only born but also conceived after the discovery of the inheritance. Some legal scholars deny the possibility of inheritance by post-mortem children, others consider it appropriate to allow the inheritance of persons conceived as a result of IVF after the death of the testator, by introducing appropriate changes to current legislation. Lawyers substantiate the following conditions for granting hereditary rights to children born as a result of artificial insemination: the presence of appropriate will of the testator in the will, insemination with the use of assisted reproductive technologies exclusively by the genetic material of the testator within six months. The proposed innovation will contribute to the implementation of the principle of freedom of will and the exercise of personal non-property right of the testator to reproductive choice.
These circumstances demonstrate that the legislation of Ukraine does not fully consider the current achievements of reproductive medicine. At present, the legislator must clearly identify possible options for the development of events, because these issues are increasingly arising in practice and remain, unfortunately, unresolved. Furthermore, as a result of the proposals made by lawyers, it will be possible to avoid many controversial issues in establishing the inheritance rights of children born with the help of assisted reproductive technologies.
References
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