The first chapter examines the conceptual analysis and legal definition of assisted reproductive technologies (ART), their classification, and legal regulation. The author investigates the medicalized and social approaches to understanding ART in Ukraine, arguing for the integration of both to cover all aspects of this complex phenomenon. It is emphasized that while the medicalized approach predominates in practice, the social approach provides an important vision of legal, ethical, socio-economic, and demographic dimensions that should be considered for comprehensive regulation.
The author proposes to define "rights to ART" as legislatively established opportunities for an individual or family to freely decide on the choice and application of medical methods for treating infertility or medical procedures and manipulations for preparing reproductive cells and carrying out fertilization and embryo development processes with the aim of ensuring pregnancy and the birth of a genetically related or unrelated child (children).
Furthermore, the author considers the family as the primary bearer of rights to the use of ART, emphasizing the importance of the family environment for the upbringing and development of a child. The need to expand the legal category of "family" is identified to reflect contemporary realities and ensure equality in the use of reproductive technologies, including partner and non-partner families. Social, demographic, and legal aspects that affect reproductive rights and opportunities for different types of family structures are considered. An expansion of the legal category of "family" as a bearer of rights to ART is proposed, allowing family members to freely and unimpededly, in cases provided by law, make decisions regarding the choice and application of medical methods for treating infertility or medical procedures and manipulations aimed at ensuring pregnancy and the birth of a genetically related or unrelated child (children) both during the potential parents' lifetime and post-mortem. The author also differentiates and characterizes the common and distinct features of non-partner and partner families.
The second chapter is devoted to a detailed examination of the characteristics of personal non-property rights to ART. Analyzing two main blocks of characteristics - general and special, the author reveals the nature and essence of these rights and their importance for the physical and biological existence of a person. The author also proposes to improve the systematization of these rights, based on the diversity of subjects exercising them and the legal consequences of their use. Further research focuses on classifying rights according to various criteria.
Analyzing the laws of the European Union (EU), some EU countries, and Ukraine, the author concludes that the right to parenthood and continuation of lineage must be guaranteed without restrictions, and emphasizes the equality of this right for all individuals, regardless of their family status. The complex of personal non-property rights to ART also belongs to all individuals without exception, but their implementation depends on a set of mandatory conditions, regulated by the norms of national law. The existence of a family is one of such conditions, the specifics of which are established by the national law of the respective EU countries and Ukraine.
In the conclusions, the author emphasizes the necessity of liberalizing mechanisms for the implementation of personal non-property rights to ART to ensure equal access for various categories of subjects. The author also offers views on the content of personal non-property rights to ART in some EU countries and Ukraine, by distinguishing and characterizing their components.
In the third chapter, the author examines a wide range of scientific opinions on the civil-law protection of personal non-property rights in the context of ART. Scientists identify such main means of protection as compensation for harm, recognition of a transaction as invalid, and compulsory performance of an obligation in kind. Typical means of protection are detailed.
The author then points out existing gaps in Ukrainian legislation, such as the ambiguity of key terms, the lack of specificity in the conditions for exercising personal rights, the undefined status of same-sex unions, and the episodic nature of legal regulation of surrogacy.
In conclusion, the author proposes specific ways to improve legislation: from clarifying terminology to adopting a specialized legislative act. The necessity of establishing the legal status of subjects of ART, creating typical contracts in this area, and ensuring equal access to ART for all categories of individuals is emphasized. The proposal for legislative recognition of the possibility of choosing the sex of a child only in the presence of medical indications is separately highlighted.
