Problems of Legal Regulation of the Right to Reproduction.

The article analyzes legal problems in the field of the human right to reproduction, which exists in the modern globalized postmodern society. The author emphasizes the values of public health and reproductive rights as a means of ensuring the continuation of life on earth and the change of generations. It is determined that this process has an ontological nature. It is substantiated that the approach that justifies the legal ideology in the field of reproduction consists in the struggle of the classical and modernist systems of normalizing the right to reproduction. The first defends classical values, which consist in the fact that states consider marriage as the basis for the reproduction of a man and a woman, defend family values, and deny the possibility of same-sex partners to exercise this right. The development of fourth-generation human rights rethinks these approaches, mainly expanding gender rights and providing women with equal opportunities in the labor, social, educational, and reproductive spheres. However, the issue of free expression of gender identity remains an aspect that has not gained as much widespread acceptance as women's rights. The issues of the status of LGBT and queer communities often remain outside legal regulation, which creates inequality and discrimination. The modernist approach to legal regulation provides for the positive implementation of all new methods of reproduction without discrimination and restrictions from a legal point of view. The focus is on the right of a person to posthumous reproduction. The heterogeneity of legal regulation and problematic aspects related to this issue are identified: determining the right to request posthumous extraction and/or posthumous use of sperm, eggs or embryos by a spouse or partner, as well as by the person's heirs; the type of informed consent that is issued during the person's lifetime; the issue of inheritance and the terms of use (preservation) of gametes; determining the best interests of the future child. A particularly significant problem in the field of the implementation of the right to reproduction is war, which creates problems with the physical and mental health of women and the fetus, destroys the infrastructure of the health care sector, and destabilizes the possibilities of providing medical care. Keywords: the right to reproduction, the right to procreation, human reproductive rights, public health, discrimination, surrogacy, sexual identity, gender equality, LGBT and queer communities, legal policy, legal regulation.

Authors

Publication Details

Journal
Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni nauki
Published
2025-08-31
DOI
https://doi.org/10.23939/law2025.47.036
Primary Topic
Digital Transformation in Law
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Problems of Legal Regulation of the Right to Reproduction.

Areta Нalaіko
Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni nauki
Digital Transformation in Law
article

Problems of Legal Regulation of the Right to Reproduction.

Areta Нalaіko
article en

Abstract

The article analyzes legal problems in the field of the human right to reproduction, which exists in the modern globalized postmodern society. The author emphasizes the values of public health and reproductive rights as a means of ensuring the continuation of life on earth and the change of generations. It is determined that this process has an ontological nature. It is substantiated that the approach that justifies the legal ideology in the field of reproduction consists in the struggle of the classical and modernist systems of normalizing the right to reproduction. The first defends classical values, which consist in the fact that states consider marriage as the basis for the reproduction of a man and a woman, defend family values, and deny the possibility of same-sex partners to exercise this right. The development of fourth-generation human rights rethinks these approaches, mainly expanding gender rights and providing women with equal opportunities in the labor, social, educational, and reproductive spheres. However, the issue of free expression of gender identity remains an aspect that has not gained as much widespread acceptance as women's rights. The issues of the status of LGBT and queer communities often remain outside legal regulation, which creates inequality and discrimination. The modernist approach to legal regulation provides for the positive implementation of all new methods of reproduction without discrimination and restrictions from a legal point of view. The focus is on the right of a person to posthumous reproduction. The heterogeneity of legal regulation and problematic aspects related to this issue are identified: determining the right to request posthumous extraction and/or posthumous use of sperm, eggs or embryos by a spouse or partner, as well as by the person's heirs; the type of informed consent that is issued during the person's lifetime; the issue of inheritance and the terms of use (preservation) of gametes; determining the best interests of the future child. A particularly significant problem in the field of the implementation of the right to reproduction is war, which creates problems with the physical and mental health of women and the fetus, destroys the infrastructure of the health care sector, and destabilizes the possibilities of providing medical care. Keywords: the right to reproduction, the right to procreation, human reproductive rights, public health, discrimination, surrogacy, sexual identity, gender equality, LGBT and queer communities, legal policy, legal regulation.

Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni naukiVol. 12(47)
Openalex Percentile: Top 63%
Digital Transformation in Law
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.