Problems of Legal Regulation of the Right to Reproduction

The article analyzes legal problems in the field of the human right to reproduction, which exists in the modern globalized postmodern society. The author emphasizes the values of public health and Арета Галайко 42 reproductive rights as a means of ensuring the continuation of life on earth and the change of generations. It is determined that this process has an ontological nature.

It is substantiated that the approach that justifies the legal ideology in the field of reproduction consists in the struggle of the classical and modernist systems of normalizing the right to reproduction. The first defends classical values, which consist in the fact that states consider marriage as the basis for the reproduction of a man and a woman, defend family values, and deny the possibility of same-sex partners to exercise this right. The development of fourth-generation human rights rethinks these approaches, mainly expanding gender rights and providing women with equal opportunities in the labor, social, educational, and reproductive spheres. However, the issue of free expression of gender identity remains an aspect that has not gained as much widespread acceptance as women’s rights. The issues of the status of LGBT and queer communities often remain outside legal regulation, which creates inequality and discrimination. The modernist approach to legal regulation provides for the positive implementation of all new methods of reproduction without discrimination and restrictions from a legal point of view.

The focus is on the right of a person to posthumous reproduction. The heterogeneity of legal regulation and problematic aspects related to this issue are identified: determining the right to request posthumous extraction and/or posthumous use of sperm, eggs or embryos by a spouse or partner, as well as by the person’s heirs; the type of informed consent that is issued during the person’s lifetime; the issue of inheritance and the terms of use (preservation) of gametes; determining the best interests of the future child.

A particularly significant problem in the field of the implementation of the right to reproduction is war, which creates problems with the physical and mental health of women and the fetus, destroys the infrastructure of the health care sector, and destabilizes the possibilities of providing medical care.