Prospects for Regulating the Right to Posthumous Reproduction in the Context of War in Ukraine: Foreign Experience and Formation of Legal Support for the Realisation of Reproductive Rights of Military Personnel

Abstract

Background: This article focuses on the analysis of posthumous reproduction regulation perspectives in Ukraine through the lens of war risks, considering how the reproductive rights of male and female military personnel could be best guaranteed. In particular, the peculiarities of different legal and ethical problems, like formal requirements for the disposal of reproductive biological material and embryos in case of death, as well as issues of inheritance and establishment of paternity/maternity, are disclosed. The problem of posthumous reproduction legal regulation unification in the application of technology of posthumous reproduction is considered. Attention is also focused on the possibility of reproductive tourism for the sake of posthumous reproduction. Methods: The methodological framework of the study was a range of philosophical, general, and legal methods. The-dialectical method of cognition made it possible to investigate the problem’s social and ethical content and legal form and conduct a systematic theoretical and legal analysis of the applying posthumous reproduction in practice, especially under the scope of risks for health and life, which are conditioned by war in Ukraine. Thanks to the comparative method, the diversity of posthumous reproduction regulation models worldwide was investigated and compared with current Ukrainian draft Laws, particularly considering which of the models listed could best fit the Ukrainian law and moral traditions and the current situation in our country. With the help of a formal-legal approach, the content and peculiarities of contractual and legal practice were analysed. Results and Conclusions: It was comprehensively considered that posthumous reproduction should be allowed and regulated in the special law of Ukraine, which must perform the clear and justified legal framework to protect the rights of all participants of these sensitive relationships: consumers and performers of these reproductive services, as well as so-called postmortal children.