Bioethical prerequisites for the civil status of the recipient in the oocyte donation program
Authors:   Tyumen State University, Krasnova Tatiana V. 
Published: February 2023

The article deals with the conceptual aspects of the civil law position of the recipient in the oocyte donation program based on an interdisciplinary method. In jurisprudence, this problem was identified in the framework of studies of artificial human reproduction, but was not the subject of independent research. The author analyzes the bioethical prerequisites for improving legislation. Bioethical determinants and additional arguments testifying in favor of a medicalized approach to understanding the essence of assisted reproductive technologies are revealed. The directions of consistent reflection of the medicalized approach in the system of domestic legislation have been determined. Inconsistencies were found in the understanding by lawyers of the ambiguity of medical terminology in assisted reproductive technologies. The directions of consistent reflection of the medicalized approach in the system of domestic legislation have been determined. Inconsistencies were found in the understanding by lawyers of the ambiguity of medical terminology in the field of assisted reproductive technologies. The author produced systematics of the fundamental terms denoting the methods and programs of artificial reproduction. The principle of the priority of natural conception as a fundamental principle for legislative transformations in artificial reproduction has been formulated and substantiated. In line with the medicalized approach and the formulated principle of the priority of natural conception, a regulatory framework for regulating oocyte donation directly has been determined, taking into account its specifics and differences, in particular, from sperm donation. It is argued that the use of donor oocytes is not a method of treatment, but is a way to solve the problem of infertility. This is important for legal regulation and is proposed for consolidation at the legislative level. The author has formulated some necessary legal provisions, the adoption of which seems necessary: the Law "On Bioethics" and "On Gamete Donation". The grounds for participation in the oocyte donation program as a recipient in the current legislation have been investigated. The criteria for civil legal identification of the recipient of oocytes are analyzed: the state in marriage, the unregistered stable relationships, age, state of reproductive health and others. Legal lacunae have been identified and the proposals to eliminate them have been made. The possibility of acting as a recipient of oocytes for women aged 15 to 49 years inclusive, regardless of her marital status or a sexual partner or for medical reasons, has been substantiated. In accordance with this conclusion, regulatory transformations are proposed. The accompanying legal requirements and recommendations are given (for example, concerning the issues of issuing a notarized power of attorney for participation in the oocyte donation program; the possibility of participating in the program regardless of the consent of the spouse). The directions for further search for legal characteristics, as well as the rights and obligations of the oocyte recipient, have been determined. The author declares no conflicts of interests.