Informed donor consent as a guarantee of ensuring constitutional rights in the process of postmortem reproduction

The article examines the role of informed consent of donors in the context of postmortem reproduction in terms of constitutional rights protection. Postmortem reproduction, which involves the use of reproductive material after the death of a donor, is a complex and controversial issue that requires careful legal regulation. The study focuses on the issue of ensuring the rights of donors, their families, and the rights of future children. In the context of the russian-Ukrainian war, the issue of postmortem reproduction is of particular importance. Ukraine’s defenders, risking their lives and health, often find themselves in situations that jeopardize their right to procreation. Injuries sustained during combat operations can lead to loss of reproductive function, and the death of a serviceman deprives his family of the opportunity to have descendants. In such cases, the possibility of preserving and utilizing the genetic material of servicemen who have been killed or seriously injured is extremely important. This not only allows for the realization of the serviceman’s right to paternity, but also contributes to the preservation of the nation’s gene pool, especially in the context of the demographic crisis caused by the war. A clear legislative regulation of postmortem reproduction for servicemen and women is an act of recognition of their contribution to the defense of the country and a guarantee that their memory and genetic heritage will be preserved for future generations. The article analyzes the national and international legal norms governing informed consent in postmortem reproduction, as well as the practices of other countries, including the experience of the European Union. Particular attention is paid to constitutional guarantees of human rights, such as the right to life, the right to autonomy, privacy, information and the right to respect for private life. The study includes an analysis of the legal aspects of informed donor consent in postmortem reproduction, including issues of moral responsibility, risks, and potential conflicts of interest. The authors also examine the role of case law in shaping the legal regulation of postmortem reproduction and informed consent of donors. In particular, they analyze the precedents that have influenced the development of this area of law and assess their impact on the formation of legislation in Ukraine. Finally, the author summarizes the importance of ensuring the rights of the donor and his/her family through informed consent, which, in the opinion of the authors of this study, is a key condition for the observance of constitutional rights and freedoms in postmortem reproduction. This article will serve as an important information resource for lawyers, academics, healthcare professionals and anyone interested in reproductive law and bioethics. It will contribute to a deeper understanding of the complex legal and ethical aspects of postmortem reproduction and to the development of legal approaches that will maximize the protection of the rights of all participants in this process.