Challenging Motherhood (Paternity) in the Application of Artificial Methods of Human Reproduction

The aim of the final qualification work (master's dissertation) is to make comprehensive, thorough and multipurpose research of the current Russian legislation in the field of assisted reproductive technologies (ART) in general, and the features of establishing and contesting motherhood (paternity) when using ART, in particular. We faced several tasks: to consider the phenomenon of ART and the legal status of embryos in vitro; to study and analyze the approaches of different groups of scientists; to consider the concepts of “establishing paternity (maternity)”, “challenging paternity (maternity)”; explore the specifics of courts’ proving procedure while establishing paternity (maternity); to scrutinize the judicial practice regarding this issue; to analyze the judicial practice regarding the challenge of paternity (maternity). To fulfill the tasks, we examined and analyzed the doctrinal sources, foreign practice, the provisions of national and international legislation, the judicial practice of Russian courts and ECHR. As a result of the conducted research, we came to the following conclusions: it is necessary to clearly regulate the subjective structure of persons who have the right to use the surrogate mother's services; in order to eliminate legal conflicts, the legislation should be reformed; the issue of priority of genetic parents' rights over the surrogate mother should be settled; independent genetic fingerprinting should be included in a number of mandatory evidence provided to the court in cases of establishing (and challenging) paternity and motherhood; the form of informed voluntary consent should be supplemented with new mandatory points; it’s ought to legitimize the possibility of post-mortal paternity and motherhood.