Hryhorenko O. Realization and protection of individuals rights, arising from the use of assisted reproductive technologies.

This research is focused on the reproductive rights of individuals and relationships arising from the application of assisted reproductive technologies, their implementation and protection. The definition of the reproductive rights is absent in Ukrainian legal acts that leads to uncertainty. Various doctrinal civil definitions of domestic and foreign scientists are analyzed, most of them define reproductive rights as the rights associated with the implementation of their own reproductive function, particularly with the decision of having children, the number of children and spacing of their births. The author's definition of reproductive rights is analyzed and presented in the paper, including their understanding of the objective and subjective meaning. The concept and content of human reproductive rights system is given. The thesis is also to do with the regulation of diverse procedures, that arise from the use of assisted reproductive technologies. In addition, special attention is paid to the historical and legal aspects of the formation and development of assisted reproductive technologies. In vitro fertilization, as a historically new direction in treating infertility, is analyzed. Above mentioned technology appeared in 1978 in the UK. The author also focused her attention on the gaps of legal regulation of relations about various kinds of medical treatments with gametes, embryos, fetuses in the womb. One of the gaps in legal regulation of relations is found in prenatal genetic diagnostics. Postmortem reproduction is also examined. The features of realization and protection of non-property rights of individuals arising from the use of assisted reproductive technologies are researched. It is noted that the compulsory condition of a democratic state existence is not only relevant fixing of subjective rights of individuals, but also the proper mechanism for their recognition, observance and effective protection. The author calls special attention to the foreign experience of civil legal regulation and protection of reproductive rights. It is stated that there is no unified position of relations concerning reproductive rights in foreign jurisprudence, in connection with the absence of legal definition and general regulation of relations that arise from the use of methods of assisted reproductive technologies. This definition does not exist nor at international level or at the level of legislation in individual countries.