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Pashkov, V. .
    Assisted reproductive technologies: the problems of legal enforcement [Текст] / V. Pashkov, A. Lyfar // Wiadomosci lekarskie. - 2018. - Vol. 71, Issue: 5. - P. 1066-1070
   Перевод заглавия: Вспомогательные репродуктивные технологии: проблемы правоприменения

УДК

618

ББК Р11

Аннотация: OBJECTIVE: Introduction: Today, the use of assisted reproductive technologies (including surrogacy) is an effective method of guaranteeing realization of person's right on maternity or paternity. Through therapeutic efficiency reproductive means have become incredibly popular among population. However, the lack of certain legal relations in the sphere of surrogacy (both at the international level and the national one) leads to the confusion in the theory and practice. The aim: In this article, the author has set himself the following aims: a) to determine the state of legal regulation of surrogate maternity at national and international levels; b) to focus on problematic moments in legal regulation of surrogacy, which cause such phenomena as medical tourism and human trafficking; c) to investigate the regimes of legal regulation of surrogacy in the countries of the world. PATIENTS AND METHODS: Materials and methods: The methodological framework of the research consists of general scientific and special methods. The dialectical method is used to identify the term surrogacy and its meaning; the method of summarization is applied to the case laws (judgements of European Court of Human Rights and other high legislative bodies of foreign countries). The statistical method is applied to statistical data; the formal method is used for analysing the experience of such foreign countries as the USA (state Illinois, Nevada, California), Sweden, the Netherlands, India, Great Britain. Lastly, the method of comparison is applied to determine the similarities or differences between domestic and foreign legislation. RESULTS: Review: There are three regimes of surrogacy in the world which contradict one another (altruistic, permitting and prohibiting). The difference between legal regulations of surrogacy contributes expansion of such a phenomenon as medical tourism. CONCLUSION: Conclusions: Owing to absence of unified principles and standards on international level in the sphere of surrogacy, subjects of such legal relations are absolutely unprotected. Such phenomena as medical tourism, human trafficking and commercial exploitation of surrogate mothers are extending.

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Razmetaeva, Y. S..
    Abortion, human rights and medical advances in digital age [Текст] / Y. S. Razmetaeva, O. O. Sydorenko // Wiadomosci lekarskie. - 2021. - Vol. 74, Iss. 1. - P. 132-136
   Перевод заглавия: Аборт, права людини та медичні досягнення в цифровому возрасте

УДК

618

614

РУБ DOI: 10.36740/wlek202101126 + PubMed: 33851603

Аннотация: OBJECTIVE: The aim: The article analyzes the impact of abortion on human rights and women's health in the light of medical and technological advances of the digital age. PATIENTS AND METHODS: Materials and methods: The methods of research were dialectic approach and general analysis of normative and scientific sources, analysis of the results of studies of women's mental health after abortions, analysis of judicial practice, especially decisions of the European Court of Human Rights, the results of author's own empirical studies, the formal legal method, the comparative legal method and the historical method. It has been established that there is no strong evidence that abortion negatively affects a woman's mental health, including no evidence that the emotional consequences aredeeply personal, or are rather the result of societal pressure. Arguments were refuted about extending the protection of human rights regarding abortion to unborn children and their fathers. CONCLUSION: Conclusions: The article emphasizes that the ethical burden on medical workers, especially in jurisdictions that require the approval of a doctor to legally terminate a pregnancy,increases significantly due to information flows and community expectations dictated by new medical advances.

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Nadon, V. V..
    Application of surrogacy technology by foreigners in Ukraine (legal conflict) [Електронний ресурс] / V. V. Nadon, M. V. Mendzhul, A. V. Hus // Wiadomosci Lekarskie. - 2023. - Vol. 76, Iss. 8. - P. 1819-1825. - References : p. 1824-1825
   Перевод заглавия: Застосування іноземцями в Україні сурогатної технології (правова колізія)

УДК

341.9

618

РУБ DOI: 10.36740/WLek202308117

Аннотация: OBJECTIVE: The aim: To establish legal conflicts between the use of surrogacy technology by foreigners in Ukraine, to develop mechanisms to overcome them. PATIENTS AND METHODS: Materials and methods: The study used a methodology that embodies an interdisciplinary approach that allows systematic analysis of theoretical and practical aspects of legal conflicts in the use of surrogacy technology by foreigners in Ukraine, as well as develop proposals for their elimination. CONCLUSION: Conclusions: It is proposed to adopt at the level of an international act unified approaches to determining the origin of a child born as a result of the use of surrogate motherhood technology to eliminate legal conflicts. The need to amend the legislation of Ukraine and the establishment of a ban on unilateral refusal from the surrogacy agreement after the embryo has been implemented is argued. Based on the analysis of judicial practice, it was established what problems may arise in the registration of paternity and maternity by foreign genetic parents in connection with the application of the surrogacy procedure by foreigners in Ukraine in cases where their native legislation does not permit or restricts surrogacy.

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