Regulation Of Assisted Reproductive Technologies Research Articles

The short-lived verdict in Le Page v Center for Reproductive Medicine: why 'personhood' matters in the regulation of assisted reproductive technologies.

The short-lived verdict in Le Page v Center for Reproductive Medicine: why 'personhood' matters in the regulation of assisted reproductive technologies.

Changes in reproductive policies in Hungary between 2010 and 2022

This paper examines Hungarian reproductive policies, their changes and their restrictions in relation to pronatalist objectives between 2010 and 2022. The aim of the study is to present and interpret legislative changes in reproductive policies in the context of the pronatalist policies in Hungary. Reproductive policies include the regulation of assisted reproductive technologies, adoption, abortion, contraception, and sex education. In the development of these policies, we assume that a fundamentally pronatalist approach prevails, but we also identify various specific related constraints: heteronormativity, marriage-centredness, and the maintenance and reinforcement of traditional gender roles. We assume that Hungary’s reproductive policies have become increasingly selective since 2010 after the second Orbán government. These policies can be considered selective because they do not encourage all social groups to have children. These result in the exclusion of for example socially disadvantaged groups, single people and same-sex couples from reproduction due to legal constraints, a lack of financial support, access, and transfer of information. In conclusion, selective, heteronormative and marriage-based pronatalism is most identifiable in the adoption context, but abortion regulation, the legal environment for assisted reproductive technologies and sex education, in general, may reinforce pronatalist objectives.

Legal regulation of artificial intelligence in the sphere of human reproductive functions: cur-rent challenges and implementation prospects

The article examines modern aspects of the legal regulation of artificial intelligence through the prism of the use of reproductive technologies. It is noted that the legal regulation of artificial intelligence is carried out both at the national and international levels. In Ukraine, the issue of artificial intelligence is partially regulated in the Law of Ukraine "On the Protection of Personal Data" and the Concept of the Development of Artificial Intelligence in 2020. The international legal regulation of this aspect of social relations is concentrated in international acts that have a purely advisory nature regarding the characteristics of artificial intelligence, in particular in the European Ethical Charter of the Council of Europe regarding the use of artificial intelligence in judicial systems. It was emphasized that on the issues of artificial reproduction, where artificial intelligence acts as a "mother". The concept of artificial reproduction involves the widespread use of artificial intelligence, which will be responsible for each child's access to nutrients "adapted to its needs." In addition, it predicts that artificial intelligence will be able to monitor the development of children and signal any possible deviations. It was concluded that the legal support of artificial intelligence should be regulated taking into account the study of the risks of its use in various spheres of life of society based on the positive foreign experience of countries such as Japan, Australia, and the USA. At the same time, it is worth taking into account the fact that the role of artificial intelligence in artificial reproduction differs depending on the method. Thus, in the procedure of in vitro fertilization or artificial insemination, artificial intelligence will be involved in the selection process of eggs and sperm in order to increase the percentage of the possibility of fertilization and reduce the risks associated with the development of the embryo. Considered aspects determination the age limit for persons to whom will apply assisted reproductive technology. Also investigated the possibility of reproductive technologies for people who are not in a registered marriage. This article gives examples of legal regulation of assisted reproductive technology in foreign countries.

История становления института суррогатного материнства: социально-правовой контекст

Рождение ребенка невозможно или опасно для жизни и здоровья матери при физиологических недостатках, биологической несовместимости супругов, противопоказанности беременности, ряде наслед-ственных заболеваний и т.д. Причем причины бесплодия в равном количестве распределены между обоими полами. Все это приводит к распаду семьи, расторжению брака и, как следствие, к ухудшению демографической ситуации, а, следовательно, к нарушению права человека на здоровье, врачебную тайну и благополучную жизнь. Один из выходов в данной ситуации видится в применении методов искусственного оплодотворения, одним из которых является суррогатное материнство, и совершенствовании законодательного регулирования наиболее важных отношений, непосредственно влияющих на демографические процессы. Автор статьи предлагает рассмотреть этапы формирования института суррогатного материнства, начиная с первых упоминаний в социальной истории и закан-чивая историей возникновения вспомогательных репродуктивных технологий в современном Казах-стане. Особое внимание уделяется законодательному регулированию вспомогательных репродуктивных технологий в США, Великобритании, СССР, Российской Федерации и в современном Казахстане. Сделаны выводы о необходимости совершенствования национального законодательства в области защиты прав суррогатной матери и ребенка, разработки и введения отдельного закона о суррогатном материнстве.

APPLICATION OF ARTIFICIAL METHODS OF REPRODUCTION IN RUSSIA AND KAZAKHSTAN: COMPARATIVE AND LEGAL ANALYSIS OF LEGISLATIVE REGULATION

In order to match the rapid development of reproductive medicine, the legislative regulation of assisted reproductive technologies implemented in the Russian Federation and the Republic of Kazakhstan is progressively evolving. In this study, the author analyzes the foundations of the regulatory development of assisted reproduction in Russia and Kazakhstan. The researcher pays special attention to the legislative acts and by-laws of the states, on the basis of which he identifies a number of problematic aspects in comparing the legal regulation in the two countries: 1) the lack of a specific and exhaustive list of assisted reproductive technologies (Russia); 2) a significant gap in the age limit for subjects of reproductive legal relations (Kazakhstan); 3) the absence of requirements for a surrogate motherhood agreement, including the obligation to notarize it (Russia); 4) permission (through the absence of a direct prohibition) of a surrogate mother to be an egg donor (Kazakhstan); 5) there is no ban on off-purpose use of gametes and embryos, including export abroad (Russia). As a solution to the identified problems, the author proposes through a dialogue between the legislators of the two countries with the involvement of the academic community (physicians and lawyers) to develop a position on each aspect of the study, as a result of which problems will be eliminated and positive experience will be adopted.

Divine labours, devalued work: the continuing saga of India’s surrogacy regulation

ABSTRACT This article offers a feminist critique of the Surrogacy (Regulation) Bill, 2019. Fifteen years since the first proposed regulation of assisted reproductive technologies and surrogacy, the 2019 Bill leaves much to be desired. It reflects a limited understanding of the complexities of surrogacy, is discriminatory in its approach, is plagued by lack of clarity, is unrealistic and most importantly, does not include adequate safeguards for the surrogate. Women’s reproductive labour in performing surrogacy is valorized but not compensated. Even though the Bill may well accept some recommendations of the Rajya Sabha select Committee, its failure to address issues that we highlight will mean that if passed, it will be challenged in the courts on constitutional grounds. This will generate uncertainty for years, for many infertile couples and individuals who look to the law for streamlined regulation, defeating its main purpose in facilitating a novel mode of reproduction.

Surrogacy Agreement in Russia and Foreign Countries

Based on the analysis of the norms of Russian and foreign legislation, the main issues of legal regulation of relations in the field of surrogate motherhood are identified. The questions of the theory and place of the surrogate motherhood agreement in the system of civil law obligations are considered. The author conducts an analysis of foreign experience in legal regulation in the studied area. The Belarusian experience in assisted reproductive technologies regulation, which is of interest to domestic legislation, is given particular attention. The paper provides concrete recommendations on improving Russian legislation in the field of surrogacy in order to prevent disputes regarding the origin of the child or children born to a woman who was bearing a fetus after transferring a donor embryo. The author concludes that it is necessary to establish, at the legislative level, non-medical restrictions for a surrogate mother. Recommendations on strengthening the mechanism for guaranteeing the rights of bona fide parties to a surrogate motherhood agreement are given. The expediency of establishing the maximum number of a woman to exercise the function of a surrogate mother is substantiated.

PROBLEMS OF LEGAL REGULATION OF EXTRACORPORAL FERTILIZATION

The regulatory environment lags behind developing social relations is quite natural. However, the gapin the domain of legal regulation of assisted reproductive technology has become excessive. Despite theextensive practices of using such technologies, at the legislative level even the question of what an embryoand an object or a subject of law are, has not been solved yet. The paper explores analysis of approaches tosolving this issue, expressed both in the juridical literature and legal precedents (including foreign ones).The approaches to solving the problem of disposing an embryo in a conflict between potential parents and incase of death of one or both of them are analyzed. The authors conclude that it is necessary to legislate thedefinition of an embryo and the characterization of its right status at the legislative level. It is necessary toregulate in detail the assessment of the quality of the provision of medical services in the field of reproductivemedicine

Regulation of assisted reproductive technology (ART) in Nigeria

Regulation of assisted reproductive technology (ART) in Nigeria

Social and philosophical background and legal mechanism of assisted reproductive technologies regulation (by example of surrogate maternity)

In many countries of the world, the practice of using assisted reproductive technologies faces a number of legal obstacles, from the introduction of restrictions to their complete prohibition. In most cases, these restrictions are due to public rejection of these methods and procedures for social, psychological and religious reasons. Indeed, these technologies add reissues of assess in galore of women in the society, its functions, problems of relationships with a surrogate mother or an egg donor, emergence and distribution of a surrogate mother's or donor's rights, as well as persons' who are beneficiaries of the results of these technologies. However, a solution of these problems cannot be achieved only by improving the legal mechanisms regulating the use of these technologies. In this situation, the solution is at the junction of the interests of the society (state) and personal interests of persons who need their use, while normative consolidation and enforcement is only a form of consolidating of the achieved balance.

Assisted Reproduction in Denmark

The aim of this article is to outline the overall Danish legal framework for the regulation of assisted reproductive technologies in order to discuss how and why this particular regulation came about. The article relies on Bills, parliamentary debate as the Bills passed through the 3 readings in Parliament, the adopted Acts, as well as preparatory documents such as public consultation responses, parliamentary questions, reports of the parliamentary health committee and reports by the Danish Council of Ethics (tasked specifically to advise Parliament on ARTs). The documents have been located using electronic and manual searches. A number of non-electronically and nonpublicly available files have made available to me courtesy of the Library of the Danish Parliament.

Assisted reproductive technology in the USA: is more regulation needed?

The regulation of assisted reproductive technologies is a contested area. Some jurisdictions, such as the UK and a number of Australian states, have comprehensive regulation of most aspects of assisted reproductive technologies; others, such as the USA, have taken a more piecemeal approach and rely on professional guidelines and the general regulation of medical practice to govern this area. It will be argued that such a laissez-faire approach is inadequate for regulating the complex area of assisted reproductive technologies. Two key examples, reducing multiple births and registers of donors and offspring, will be considered to illustrate the effects of the regulatory structure of assisted reproductive technologies in the USA on practice. It will be concluded that the regulatory structure in the USA fails to provide an adequate mechanism for ensuring the ethical and safe conduct of ART services, and that more comprehensive regulation is required.

Patterns of globalized reproduction: Egg cells regulation in Israel and Austria.

Since the successful introduction of in vitro fertilization in 1978, medically assisted reproduction (MAR) has proliferated in multiple clinical innovations. Consequently, egg cells have become an object of demand for both infertility treatment and stem cell research, and this raises complex legal, ethical, social and economic issues.In this paper we compare how the procurement and use of human egg cells is regulated in two countries: Israel and Austria. Israel is known for its scientific leadership, generous public funding, high utilization and liberal regulation of assisted reproductive technology (ART). Austria lies at the other extreme of the regulatory spectrum in terms of restrictions on reproductive interventions.In both countries, however, there is a constant increase in the use of the technology, and recent legal developments make egg cells more accessible. Also, in both countries the scarcity of egg cells in concert with the rising demand for donations has led to the emergence of cross-border markets and global 'reproductive tourism' practices. In Israel, in particular, a scandal known as the 'eggs affair' was followed by regulation that allowed egg cell donations from outside the country under certain conditions.Cross-border markets are developed by medical entrepreneurs, driven by global economic gaps, made possible by trans-national regulatory lacunae and find expression as consumer demand. The transnational practice of egg cell donations indicates the emergence of a global public health issue, but there is a general lack of medical and epidemiological data on its efficacy and safety. We conclude that there is need for harmonisation of domestic laws and formulation of new instruments for international governance.

Chapitre 4. Assisted Reproductive Technology (ART) in the United States: Towards a National Regulatory Framework?

In most of the industrialized world, comprehensive oversight and/or regulation of assisted reproductive technology has been in place for some time now. For example, in countries such as France or the UK, fertility clinics are licensed by a government agency. This arrangement allows for rules to be modified as needed, and also provides a mechanism for ensuring that clinics are following them. Rules about permitted procedures, guided by consistent principles, are set and enforced by the licensing agency. Above all, countries that regulate assisted reproduction differ from the United States in one very crucial way: they regard health care as a right and provide it to their citizens. This paper will offer a panorama of the practice of assisted reproductive technology (ART) in the United States, present some key events and the contemporary context that have provoked an urgent call for national regulation, examine some states wherein regulation exits, and estimate the possibility for a national regulatory framework.

Revisiting old ground in light of new dilemmas: The need for Queensland to reconsider the regulation of assisted reproductive technologies

In recent years, there have been many advances in assisted reproductive technology, in terms of both technological advances and changes in social attitudes. The system of regulation in Queensland is in need of review since it was last considered nearly 25 years ago. The need for review is demonstrated by examining the regulation in Australia as a whole and the impact this has on regulation in Queensland. The paper considers two specific issues. The general access criteria are examined in order to determine who is able to gain access to treatment services, together with how this impacts on gaining access to, and the regulation of, in vitro fertilisation (IVF) and pre-implantation genetic diagnosis (PGD). These issues are discussed mainly in the context of creating tissue-matched children that could act as a cure for an existing ill sibling. The recent review of assisted reproductive technologies (ART) regulation conducted by the Victorian Law Reform Commission is also considered in context of how this may impact on the future regulation of other jurisdictions. The main focus however, is on future options available for Queensland should regulation be reviewed in the future.

Escaping the tyranny of the embryo? A new approach to ART regulation based on UK and Australian experiences

The early legislative responses to fertilization of human oocytes in vitro exaggerated the protection of the embryo at the expense of the interests of other parties. Although more recent legislative changes have lessened this embryonic grip, it nonetheless still distorts legal thinking and is fundamentally in conflict with biological understanding. Drawing largely on experiences in the UK and Australia, a proposal is explored that reframes the legislative approach to the regulation of assisted reproductive technology (ART) with the following objectives: (i) to align more closely the legal and biological understandings of the earliest stages of human development; (ii) to place the legislative focus on objective, intent and outcome; and in the process (iii) to disentangle legally and conceptually the status of the embryo from that of the potential child. Experiences in the UK and Australia are drawn on, because these two jurisdictions have a common legal heritage and were among the earliest players both scientifically and legally but have pursued very different legal routes to their current legislative practices.

Comparative perspectives: regulating preimplantation genetic diagnosis in Canada and the United Kingdom

Preimplantation genetic diagnosis (PGD) in the United Kingdom is governed by a centralized regulatory agency, while Canada's current approach to regulating PGD is neither integrated nor comprehensive. Though concerns have been raised about state regulation of assisted reproductive technologies (ARTs), Canada's move toward centralized oversight of these technologies will lead to improvements in uniformity and transparency of regulation, and will provide a central forum for policy debate and discussion.

Transgressive technologies? Strategies of discursive containment in the representation and regulation of assisted reproductive technologies in Aotearoa/New Zealand

Synopsis Drawing on a case study of the contemporary representation and regulation of assisted reproductive technologies (ARTs) in Aotearoa/New Zealand, this article traces the cultural anxieties evident in public, political, and media discussion and debate around the provision and use of ART, with a specific focus on the use of donor insemination and IVF by single women and lesbian couples. It documents the operation of various narrative mechanisms, normative assumptions, and discursive strategies that work to identify the legitimate uses and users of such technologies whilst simultaneously affirming conventional understandings of “gender”, “motherhood”, and “the family”, and concludes that contemporary anxieties and ethical dilemmas provoked by women's transgressive uses of ART have been addressed through legislative changes that target certain groups of women for official surveillance and control while also effectively limiting their reproductive options.

De-Regulating Assisted Reproduction: Some Reflections

It seems to be widely accepted in the United Kingdom that some form of regulation of assisted reproductive technologies is appropriate. Drawing on the position of the Warnock Committee, the 1990 Human Fertilisation and Embryology Act sought to control assisted reproduction and research using human embryos. However, a recent report from the House of Commons Select Committee on Science and Technology recommended a more libertarian approach to assisted reproduction, arguing that the legitimacy of the state's intervention needs to be justified rather than assumed. This article explores the extent to which it is now justified to control access to assisted reproduction and concludes that the regulatory mechanism currently in place is unnecessarily restrictive.

Lessons Across the Pond: Assisted Reproductive Technology in the United Kingdom and the United States

Scholars of differing political affiliation and the President's Council on Bioethics have called for regulation of assisted reproductive technology (ART) that would emulate many aspects of the regulatory system of the United Kingdom, in particular that of the Human Fertilisation and Embryology Authority. Specifically, scholars and the Council have argued that research in the U.S. involving gametes and human embryos lacks consistent oversight. While the Centers for Disease Control and Prevention (CDC) produces an annual ART success rate report, submission of data is guaranteed only by the promise that non-responders will be noted as such in the appendix of CDC's report, and most ART clinics publish success rates on the Internet in a much more recognized forum: website advertising. Moreover, U.S. law does not require licensing or accreditation of infertility programs and few regulations govern embryo research. While the large majority of clinics report their success rate data, and many follow practice standards and apply for accreditation from private agencies, these practices are strictly voluntary. Clinics failing to report their success rates face no legal consequence.