Features of the inheritance rights of children born as a result of artificial insemination

CONCLUSIONS

Recent advances in medical technology have led to possible conflicts with succession. Three specific medical advances that cause inheritance laws to malfunction are artificial insemination, surrogacy, and post-mortem children. Assisted reproductive technologies allow the use of donor and cryopreserved gametes in artificial insemination, which can cause legal issues, in particular the right to inherit the child. It can be concluded that hereditary relations involving children born through artificial insemination require detailed legislation, such children are the most vulnerable subjects of these relationships, so there are many problems in this area of law enforcement. Existing legal provisions do not meet the interests of heirs, such as surrogate mothers and post-mortem children. The following issues remain unresolved in legislation: the procedure for registration of a child born to a surrogate mother, in case of divorce of the genetic father and mother, in case of death of the genetic parents (or one of the parents) at the time of the child's birth; issues related to the execution of documents for the export of children from Ukraine who were born as a result of the legal process of infertility treatment by surrogacy and who are registered with the civil registry office as children of their biological parents. It is also necessary to point out the fact that the possibility of conception after the death of the testator creates a problem of exercise of inheritance rights by such children. Therefore, the presumption of paternity established in Article 122 of the Family Code of Ukraine, which states the origin of a child born before the expiration of ten months after the termination of marriage, cannot be applied to this legal relationship.

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.

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