Social and philosophical background and legal mechanism of assisted reproductive technologies regulation (by example of surrogate maternity)

¹ Poltava Law Institute of the Yaroslav Mudryi National Law University, Department of Civil, Commercial and Financial Law, Poltava, UK raine
² Poltava Law Institute of the Yaroslav Mudryi National Law University, Department of Constitutional, Administrative, Environmental and Labor Law, Poltava, UK raine
³ Poltava Law Institute of the Yaroslav Mudryi National Law University, Department of Theoretical Law Disciplines, Poltava, UK raine

Abstract

In many countries of the world, the practice of using assisted reproductive technologies faces a number of legal obstacles, from the introduction of restrictions to their complete prohibition. In most cases, these restrictions are due to public rejection of these methods and procedures for social, psychological and religious reasons. Indeed, these technologies add reissues of assess in galore of women in the society, its functions, problems of relationships with a surrogate mother or an egg donor, emergence and distribution of a surrogate mother's or donor's rights, as well as persons' who are beneficiaries of the results of these technologies. However, a solution of these problems cannot be achieved only by improving the legal mechanisms regulating the use of these technologies. In this situation, the solution is at the junction of the interests of the society (state) and personal interests of persons who need their use, while normative consolidation and enforcement is only a form of consolidating of the achieved balance.