Legal Framework for Reproductive Biological Material

Abstract

The paper is devoted to the study of the legal nature of reproductive biological material and determination of the optimal legal regime of germ cells (oocytes, sperm) and tissues of human reproductive organs intended for reproduction purposes. It is noted that the reproductive biomaterial is not a thing, since it does not have the characteristics inherent in this legal category, and needs a special legal regime. The extension of the regime of ownership of the germ cells and tissues of human reproductive organs is unacceptable neither from the position of the current legislation, nor from the perspective of its development prospects. An analysis of the legal opportunities provided by the legislator in relation to reproductive biomaterial, as well as the procedure for their implementation, led to the conclusion that neither the persons from whom it comes, nor medical organizations can be recognized as its owners. The regime of property rights is not suitable for ensuring and protecting the interests of participants in public relations arising in connection with the use of reproductive biomaterial. It is proved that in relation to the germ cells and tissues of the reproductive organs, the interest of a person is not in acquiring actual and legal domination over them as such, but in acquiring or, on the contrary, not acquiring parental rights and obligations in relation to a child born as a result of their use. It is concluded that the designated interest should be mediated not by a real, but by a reproductive right.