Правовий аналіз постмортальної репродукції в аспекті прав військовослужбовців

The article examines the legalization of reproductive human rights, and even more so the rights directly related to postmortem reproduction of military personnel. In particular, the author emphasizes that postmortem reproduction is defined as the conception and birth of a child after the death of one of the parents. Legislation does not sufficiently regulate the issue of postmortem reproduction, especially in relation to servicemen who suffer reproductive system injuries during military service. In particular, attention is drawn to the problems of preserving the reproductive material of female servicewomen who face the risk of losing their reproductive health. The author proposes to improve the legislative framework in terms of ensuring free storage of reproductive cells after the death of a servicewoman and expanding the rights of heirs to dispose of this material. The article also discusses international approaches to the regulation of postmortem reproduction, in particular, the concept of a “biological will” that allows individuals to determine the fate of their biological material after death. The author emphasizes the importance of taking into account reproductive rights as a component of gender equality and offers specific recommendations for improving legislation in terms of providing social guarantees for children born after the death of their parents. The article emphasizes that for the effective implementation of postmortem reproduction, it is necessary to: improve the legal acts on the reproductive rights of women servicewomen; amend the Procedure for the collection, cryopreservation and storage of reproductive cells of servicewomen and other persons in case of loss of reproductive function while performing duties for the defense of the state, protection of the Fatherland: “that after the termination or abolition of martial law, the storage of reproductive cells of servicemen is carried out at the expense of state funds”; ensuring social guarantees for parents (women or men) and children born after the death of a serviceman. The article contains a critical analysis of the existing legal acts and proposals for their improvement, which makes it relevant for the development of legislation in the field of reproductive rights and social security of servicemen.