The legal regime of a human embryo created in vitro

The article is dedicated to the study of the legal regime of a human embryo created in vitro, considering national and international legal approaches, as well as ethical and bioethical aspects. The aim of the work is to develop a comprehensive approach to regulating the legal status of embryos in Ukrainian law, which meets the modern challenges ofbiomedical technologies and international standards. The subject of the study is the legal norms concerning the use, storage, and destruction of embryos created in vitro, as well as the ethical limitations influencing their legal status.A comparative legal method was applied in the study, allowing the analysis of the approaches of different legal systems (including European continental, Anglo-Saxon, and international) to the definition of the legal status of an embryo. The methodology also includes the analysis of bioethical norms related to law enforcement in the field of reproductive technologies. The scientific novelty of the research lies in the formation of new proposals for improving Ukraine's national legislation and ensuring a balance between legal and ethical requirements. The relevance of the topic is due to the rapid development of biomedical technologies and the increasing need for their proper legal regulation.The main results of the study are the formulation of recommendations for improving national legislation in the field of legal regulation of embryos created in vitro. In particular, it is proposed to define clear time limits for embryo storage, the conditions for their use in scientific research, and the establishment of a balance between patients' rights and ethical restrictions. Additionally, recommendations for protecting the rights of participants in the reproductive technology process, including medical and research institutions, were developed.The practical significance of the work lies in the possibility of using the results to improve law enforcement in the field of reproductive technologies and to protect the rights of participants in the reproductive process. The proposed recommendations can be implemented in national legislation to increase its effectiveness and ensure compliance with modern international standards.

Authors

Publication Details

Journal
Theory and Practice of Intellectual Property
Published
2024-12-10
DOI
https://doi.org/10.33731/42024.317235
Primary Topic
Reproductive Health and Technologies
Type
article
Field-Weighted Citation Impact
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article

The legal regime of a human embryo created in vitro

Iryna Iakovets
Theory and Practice of Intellectual Property
Reproductive Health and Technologies
article

The legal regime of a human embryo created in vitro

Iryna Iakovets
article en

Abstract

The article is dedicated to the study of the legal regime of a human embryo created in vitro, considering national and international legal approaches, as well as ethical and bioethical aspects. The aim of the work is to develop a comprehensive approach to regulating the legal status of embryos in Ukrainian law, which meets the modern challenges ofbiomedical technologies and international standards. The subject of the study is the legal norms concerning the use, storage, and destruction of embryos created in vitro, as well as the ethical limitations influencing their legal status.A comparative legal method was applied in the study, allowing the analysis of the approaches of different legal systems (including European continental, Anglo-Saxon, and international) to the definition of the legal status of an embryo. The methodology also includes the analysis of bioethical norms related to law enforcement in the field of reproductive technologies. The scientific novelty of the research lies in the formation of new proposals for improving Ukraine's national legislation and ensuring a balance between legal and ethical requirements. The relevance of the topic is due to the rapid development of biomedical technologies and the increasing need for their proper legal regulation.The main results of the study are the formulation of recommendations for improving national legislation in the field of legal regulation of embryos created in vitro. In particular, it is proposed to define clear time limits for embryo storage, the conditions for their use in scientific research, and the establishment of a balance between patients' rights and ethical restrictions. Additionally, recommendations for protecting the rights of participants in the reproductive technology process, including medical and research institutions, were developed.The practical significance of the work lies in the possibility of using the results to improve law enforcement in the field of reproductive technologies and to protect the rights of participants in the reproductive process. The proposed recommendations can be implemented in national legislation to increase its effectiveness and ensure compliance with modern international standards.

Theory and Practice of Intellectual Property(4)
Peace, Justice and strong institutions
Openalex Percentile: Top 66%
Reproductive Health and Technologies
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