Constitutional aspects of posthumous reproduction in Russia and foreign countries
https://doi.org/10.52468/2542-1514.2024.8(4).44-53
Abstract
The subject. The article examines a constitutional conflict arising between a citizen and the state on the issue of assigning social support measures to children, who were conceived and born after the death of the insured person (posthumous reproduction). In 2024, such a constitutional dispute became the subject of consideration by the Constitutional Court of the Russian Federation. Previously, similar disputes became the subject of consideration by the Supreme Court of the United States. In this regard, the subject of research in this article is the law enforcement practice that has developed in Russia, as well as in foreign countries, on the issue of using posthumous reproduction technologies. The author examines the following constitutional aspects of posthumous reproduction:
– the risk of a constitutional conflict arising in connection with posthumous reproduction;
– the limits and conditions for the exercise of the right to reproductive choice in posthumous reproduction.
The purpose of the article: to identify the constitutional risks of using cryopreservation technology of genetic material and posthumous reproduction, which may, under certain conditions, lead to the emergence of constitutional conflicts. And also to propose measures aimed at preventing such constitutional conflicts.
The methodology of the study includes general scientific methods (analysis, synthesis, description) and legal methods, method of constitutional conflict diagnosis. In addition to this, historical method was also applicable. The article also uses a comparative legal method to analyze the legislation and practice of foreign countries such as Israel, the USA, France, etc. The main results. The author concludes that Russian legislation needs to be improved in order to prevent the emergence of constitutional conflicts related to posthumous reproduction. This requires new legal regulation based on constitutional norms on human rights, providing for the following conditions:
– mandatory written consent, made during the life of a citizen, about the intention to become a parent after his death and to have children;
– a time limit for the conception and birth of children after the death of the person who gave such consent.
About the Author
I. A. Tretiak
HSE University
Russian Federation
Russian Federation
Irina A. Tretiak – PhD in Law, Associate Professor, Public Law Department
ResearcherID: AAY-6218-2021, AuthorID: 762457
20, Myasnitskaya ul., Moscow, 101000
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Review
For citations:
Tretiak I.A. Constitutional aspects of posthumous reproduction in Russia and foreign countries. Law Enforcement Review. 2024;8(4):44-53. https://doi.org/10.52468/2542-1514.2024.8(4).44-53
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