The Presumption of Patient Awareness in the Context of Digitalization of Assisted Reproductive Technologies

Multi-stage ART treatment creates a time gap between the patient's initial informing and individual medical interventions, and the digitalization of ART – including the opacity of AI algorithms involved in clinical decisionmaking – compounds this problem. The article examines whether the shift to electronic informed consent resolves this problem: its evidentiary value depends on whether the digital form reproduces a substantive process of informing the patient, allows verification of the patient's understanding, and remains relevant at the time of the intervention. Based on an analysis of Russian and foreign regulation, doctrinal approaches, and empirical studies, the article proposes conditions under which the digitalization of ART can serve as a basis for a presumption of patient informedness.

Authors

Publication Details

Journal
Constitutional and municipal law
Published
2026-10-30
DOI
https://doi.org/10.18572/1812-3767-2026-11-44-47
Primary Topic
Medical and Health Sciences Research
Type
article
Field-Weighted Citation Impact
0.00
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article

The Presumption of Patient Awareness in the Context of Digitalization of Assisted Reproductive Technologies

Vladislava I. Boyarinova
1 links
Constitutional and municipal law
Medical and Health Sciences Research
article

The Presumption of Patient Awareness in the Context of Digitalization of Assisted Reproductive Technologies

Vladislava I. Boyarinova
article en

Abstract

Multi-stage ART treatment creates a time gap between the patient's initial informing and individual medical interventions, and the digitalization of ART – including the opacity of AI algorithms involved in clinical decisionmaking – compounds this problem. The article examines whether the shift to electronic informed consent resolves this problem: its evidentiary value depends on whether the digital form reproduces a substantive process of informing the patient, allows verification of the patient's understanding, and remains relevant at the time of the intervention. Based on an analysis of Russian and foreign regulation, doctrinal approaches, and empirical studies, the article proposes conditions under which the digitalization of ART can serve as a basis for a presumption of patient informedness.

Constitutional and municipal law
Good health and well-being, Peace, justice, and strong institutions
Openalex Percentile: Top 10%
Medical and Health Sciences Research
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