Эволюция технологий, правовых и моральных норм: последствия распространения молекулярно-генетических тестов на отцовство

Abstract

Introduction: human use of new technologies leads and will lead to changes in the content of legal and moral norms. Today, despite the possibility of molecular genetic research, there remains legal presumption of paternity of the spouse, which indicates the expressed trust in the woman and the institution of family on the part of the state. Purpose: using interdisciplinary knowledge from the fields of anthropology, cognitive science, reproductive psychology, biology, genetics, to determine the factors and directions of the evolution of law and morality if the subjective right of a man to free genomic research at the birth of a child in a marriage becomes reflected in the law. Methods: inductive and deductive methods, analogy, legal dogmatics, phenomenological method, comparative law method, general scientific method of dialectics, forecasting, modeling. Results: abuse of a spouse’s trust in a marriage is at risk of being discovered, which is due to the increasing use of modern technologies. By postponing the discussion on the introduction into law of a man’s subjective right to free molecular genetic research at the birth of a child, society and the state are showing dubious humanism in relation to the child, his social and biological parents. Disclosure of the deception in the future may be associated with the inability for men who have not produced their genetic offspring to have children, and with psychological trauma for family members between whom attachment has formed. The possible results of the widespread use of molecular genetic testing technology to confirm paternity must be analyzed in conjunction with the consequences of the spread of contraception and artificial insemination. Conclusions: increased family stability may be a consequence of increasing trust in the chosen partner and the formation of the idea that adultery is unacceptable. The long-term consequences of the widespread use of genome research technologies will become visible as generations change and can lead to a complete denial of the need for strict rules of law and morality in this area, since the function of controlling sexual behavior will be delegated by society to machines. However, the significant role of social norms in this area may continue: the use of educational opportunities by society will ultimately prove decisive in the evolution of man, morality, and law.