Features of the inheritance rights of children born as a result of artificial insemination

Among the innovative medical technologies that increase the birth rate, assisted reproductive methods of treating infertility stand out, in the application of which some or all stages of conception and early development of embryos are carried out outside the mother's body. Using assisted reproductive technologies (including artificial insemination), children are born into families in which the issue of conception and childbirth has not been resolved naturally. The study covered the issues of the inheritance rights of children born as a result of artificial insemination. The inheritance rights of a child born through artificial reproduction technologies is quite essential for the further exercise of its other rights. Thus, it can contribute to the exercise of the rights of the child, which have a material, i. e. financial basis. It is possible to perform this obligation in different countries by ensuring that the child has the right to inherit, without discriminating among other genetic children, because all children, born with the same amount of rights, also have the same amount of legal expectations. Emphasis is also placed on the fact that one of the most acute legal problems of surrogacy in Ukraine is that the law does not make provision for the registration of such a child with the vital records authorities in case of divorce of genetic parents, death of genetic mother or both genetic parents prior to the birth of a child by a surrogate mother, therefore, the future fate of these children remains uncertain. Participation in the programme of surrogacy of citizens of those foreign states in which application of this method is forbidden currently remains a relevant problem. The hereditary legal status of a person, not only born but also conceived after the death of the testator with the use of assisted reproductive technologies, remained outside the legal field and out of the attention of the domestic legislator. Regarding this fact, scientists of Ukraine propose to include children, conceived after the testator's death, in the circle of heirs by will of the testator, and call them “postmortem children”. The following conditions for granting such children inheritance rights are substantiated: the presence of a corresponding expression of the will of the testator in the will, the implementation of fertilisation using assisted reproductive technologies exclusively with the genetic material of the testator within a six-month period established for accepting the inheritance

inheritance rights, artificial insemination, surrogacy, posthumous reproduction