The Human Embryo: A Who or a What?

Increasing the birth rate remains a key priority in the state policy of Russia, where assisted reproductive technologies also play a significant role. However, their proliferation raises a number of ethical and legal dilemmas that not only require public discussion, but also a balanced legislative approach. Despite the active development of legal regulation in this area, significant gaps remain today. Who is recognized as a child’s parents in the event of an error when an embryo is transferred? What happens to embryos if one of the potential parents insists on their disposal, and the other is opposed? Can the biomaterial of a deceased person be used for reproductive purposes? For now, there is no clear legislative answer to these and other questions, which potentially affect the fate of millions of unborn children. In recent years, Russian courts have increasingly encountered cases related to assisted reproductive technologies. The lack of uniform legal standards results in contradictory judicial practice, which creates legal uncertainty and reduces the predictability of court decisions. This situation not only undermines people’s trust in reproductive technologies, but also threatens the achievement of the government’s strategic demographic goals. Eliminating legal conflicts requires a synthesis of international experience and due consideration of Russia’s specific national features. Legal regulation should be carefully thought out and not only adapted to the rapid development of medical and biological sciences, but also ensure a balance between innovation, the principles of humanism, and the protection of the basic rights of all parties involved in the process – from donors to unborn children. Does a human embryo have the legal status of an object or a subject? Who should be recognized as the owner of an embryo? What are the conditions for splitting an embryo and disposing of it if it is shared? What is an embryo’s fate in the event one or both of the potential parents dies? Is the legal regulation of ‘posthumous parenthood’ necessary? Should there be restrictions on the permissible number of embryos that can be created? Do we need more nuanced regulation of cryopreservation and the subsequent storage of embryos? What are some of the consequences of errors during IVF. Who is the parent, who is responsible, and what is his/her responsibility? What should take precedence – the donor’s right to anonymity or the child’s right to know their parents?