THE RIGHT TO PATERNITY AND MATERNITY AS PERSONAL NON-PROPERTY RIGHTS

Abstract

The relevance of the topic is due to the novelty of the topic, its importance for the development of family law science and legislation in this area. The article provides a systematic analysis of the right to fatherhood and motherhood as a personal non-property right. The author conducts a systematic analysis of such categories as «motherhood» and «fatherhood» in the modern science of family law in Ukraine. The author substantiates the need to enshrine in the current legislation a single legal definition of «paternity» and «maternity» in accordance with European standards. The author proposes to consider the right to paternity and maternity as a personal non-property right of women and men, regardless of their marital status. The author also proposes to enshrine at the legislative level the right of men to participate in the decision on artificial termination of pregnancy. In a detailed analysis of a woman’s right to motherhood, the author identifies and analyzes the constituent elements of such a right, namely: the right to pregnancy and health care during pregnancy, provision of health care during childbirth; the right to terminate pregnancy and rights after the birth of a child, in particular, certain social guarantees for women who have given birth to a child. At the same time, given the European vector of development of our country, the author proposes to reform certain provisions of legislation and to equalize the rights of men and women in this area. The author analyzes the changes that have occurred in the legislation of our State in the field of social guarantees for men and women after the birth of a child. At the same time, the article highlights several issues that need to be detailed and clarified by the legislator in the area of realization by men and women of their right to paternity and maternity with the help of assisted reproductive technologies.