LEGAL REGULATION OF THE USE OF ASSISTED REPRODUCTIVE TECHNOLOGIES BY PERSONS, NOT MARRIED AMONG THEMSELVES, IN RUSSIA AND THE USA
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
11.03.2016
Accepted:
15.01.2018
Published:
16.03.2016
Language:
Russian
Keywords:
De facto marriage, assisted reproductive technologies, establishment of origin of the child, surrogacy, de facto spouse, children born out of wedlock, the child’s parents, maternity, paternity, the principle of equality children, children conceived through assisted reproductive technologies.
Abstract (English):
This article is devoted to analysis of legal regulation of the use of assisted reproductive technologies by persons, not married among themselves, in the Russia and the United States. The purpose of this work is due to the increase in the number of actual marital relations in the modern world and the emergence of new ways of human reproduction. In Russia 13% of the adult population are in unregistered marriages. For best results of the investigation, the author used a comparative legal method, that allows to consider the experience of not only Russia, but also foreign countries. The author of the article examines the existing in Russia and the US versions of legal regulation of the use of assisted reproductive technologies by persons not married to each other. The author compares the regulation of the legal consequences of persons, married and non-married among themselves. As a result of the conducted research the author comes to the conclusion that in Russia the legal regulation of the effects of the use of assisted reproductive technologies differ depending on the marital status among themselves. Persons, who are not married, are not subject to special provisions of the Family Code of the Russian Federation, dedicated to regulation of the legal implications of the use of reproductive technologies. In the US it is fixed the same procedure for determining the origin of a child, conceived by nontraditional means, regardless of the status of persons in marriage.
This article is devoted to analysis of legal regulation of the use of assisted reproductive technologies by persons, not married among themselves, in the Russia and the United States. The purpose of this work is due to the increase in the number of actual marital relations in the modern world and the emergence of new ways of human reproduction. In Russia 13% of the adult population are in unregistered marriages. For best results of the investigation, the author used a comparative legal method, that allows to consider the experience of not only Russia, but also foreign countries. The author of the article examines the existing in Russia and the US versions of legal regulation of the use of assisted reproductive technologies by persons not married to each other. The author compares the regulation of the legal consequences of persons, married and non-married among themselves. As a result of the conducted research the author comes to the conclusion that in Russia the legal regulation of the effects of the use of assisted reproductive technologies differ depending on the marital status among themselves. Persons, who are not married, are not subject to special provisions of the Family Code of the Russian Federation, dedicated to regulation of the legal implications of the use of reproductive technologies. In the US it is fixed the same procedure for determining the origin of a child, conceived by nontraditional means, regardless of the status of persons in marriage.
Keywords:
De facto marriage, assisted reproductive technologies, establishment of origin of the child, surrogacy, de facto spouse, children born out of wedlock, the child’s parents, maternity, paternity, the principle of equality children, children conceived through assisted reproductive technologies.
De facto marriage, assisted reproductive technologies, establishment of origin of the child, surrogacy, de facto spouse, children born out of wedlock, the child’s parents, maternity, paternity, the principle of equality children, children conceived through assisted reproductive technologies.
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