THE ISSUE OF ADVERSE EFFECTS IN CASE OF VITRO FERTILIZATION

Abstract

The article deals with the issues of regulation of practical activities related to the use of assisted reproductive technologies (ART). Currently, disputes about the quality and the results of in vitro fertilization, surrogacy and the use of other methods of infertility treatment are considered to be mainly in the realm of civil litigation. However, even the most high-tech medical devices are associated with a certain degree of risk to life and health. Cases of fatal outcomes among mothers or babies after the use of ART lead to the initiation of criminal cases against healthcare providers. At the same time, the forensic methodology of investigating such cases requires a commission forensic medical examination, the results of which become the major stumbling block at all stages of criminal proceedings. There are challenges in the organization and methodological support of the work of the investigation, the prosecutor's office and the courts. Especially, when several experts with opposite views clash in court over a case, where they completely or partially refute each other. In our paper we highlight an example of such a case to improve legislation and judicial practice in this area.