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Конституционно-правовые аспекты посмертной репродукции в России и зарубежных странах
The subject. The article examines a constitutional conflict arising between a citizen and the
state on the issue of assigning social support measures to children, who were conceived
and born after the death of the insured person (posthumous reproduction). In 2024, such a
constitutional dispute became the subject of consideration by the Constitutional Court of
the Russian Federation. Previously, similar disputes became the subject of consideration by
the Supreme Court of the United States. In this regard, the subject of research in this article
is the law enforcement practice that has developed in Russia, as well as in foreign countries,
on the issue of using posthumous reproduction technologies. The author examines the fol-
lowing constitutional aspects of posthumous reproduction:
– the risk of a constitutional conflict arising in connection with posthumous reproduction;
– the limits and conditions for the exercise of the right to reproductive choice in posthu-
mous reproduction.
The purpose of the article: to identify the constitutional risks of using cryopreservation tech-
nology of genetic material and posthumous reproduction, which may, under certain condi-
tions, lead to the emergence of constitutional conflicts. And also to propose measures
aimed at preventing such constitutional conflicts.
The methodology of the study includes general scientific methods (analysis, synthesis, descrip-
tion) and legal methods, method of constitutional conflict diagnosis. In addition to this, histor-
ical method was also applicable. The article also uses a comparative legal method to analyze
the legislation and practice of foreign countries such as Israel, the USA, France, etc.
The main results. The author concludes that Russian legislation needs to be improved in
order to prevent the emergence of constitutional conflicts related to posthumous repro-
duction. This requires new legal regulation based on constitutional norms on human rights,
providing for the following conditions:
– mandatory written consent, made during the life of a citizen, about the intention to be-
come a parent after his death and to have children;
– a time limit for the conception and birth of children after the death of the person who
gave such consent