The legal status of the human embryo through the prism of consent agreements for cryopreservation and storage of embryos

The development of assisted reproductive technologies has significantly intensified a long-standing and multifaceted dispute concerning the legal and ethical nature of the human embryo. The diversity of perspectives within academic and professional discourse stems from two key factors: the absence of a clear legal definition of embryo status in Russian legislation, and the ethical uncertainty surrounding attempts to categorize the embryo either as a subject or an object within the framework of legal relationships. As part of this study, a comprehensive analysis was conducted of current Russian legislation, judicial practice, and doctrinal views expressed by experts in both the legal and medical fields. Particular attention was paid to the actual practice of law enforcement, namely the analysis of civil law contracts for cryopreservation and storage of embryos, which are publicly accessible through the official websites of medical institutions offering ART procedures. The review of relevant court decisions revealed that such contracts are generally recognized by the courts as valid legal instruments. This indicates that they are not seen as violating the fundamental principles of public order or morality, and the courts consistently refer to the contractual terms when making legal decisions in related disputes. The study also explored in detail the grounds for embryo cryopreservation as outlined in these contracts, including financial obligations, the duration of embryo storage, legal grounds for termination of the contract, and liability for breaches of storage conditions. Analysis of courts’ decisions confirmed that Russian courts place significant weight on the specific terms agreed upon by the parties, as well as the distinctive legal and practical features of ART, including the potential use of cryopreserved biological material. During the research, the author came to the conclusion that, in view of current Russian legislation and practice, the human embryo in Russia actually has the status of the legal object limited in turnover with a minimum set of characteristics of the subject of law. This reflects a complex balance between ethical, medical, and legal considerations surrounding the status of embryos.