"Without Respect to one's Belly: to give birth to and immediately give away a child - is this possible?"
an article by Rosjurconsulting Director General Konstantin Svitnev, legal expert with the European Society for Human Reproduction and Embryology

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Giving birth is not bequeathed!

The clinic refused to give IVF to a woman with a biomaterial of her spouse due to his death. Doctors insist that the right to bimaterial belongs to clinic.

A year ago, a couple from Rostov-on-Don turned to one of Petersburg clinics, wishing to use human reproduction technologies. Doctors managed to create four embryos, two of which they implanted into the patient according to the IVF procedure (it is crucial to mention the fact that the operation was carried out at the expense of the city fund OMS).

However, the woman failed to conceive. The remaining embryos were deposited in a cryochamber. A short time later, the husband died, and the doctors decided to dispose of the stored biomaterial, because, according to representatives of the medical institution, the couple signed an agreement providing for the disposal of embryos in the event of the death of one of them.

Now the woman, insisting on her right to have a child from her already dead husband, appealed to the Soviet District Court of Rostov-on-Don, which recognized the clinic’s right to biomaterial, but refused to recognize embryos as part of the inheritance of the deceased man and did not allow him to conceive to a widow.

The lawyers of the clinic noted that embryos can be recognized as part of the inheritance if two federal laws are changed: “On the temporary ban on human cloning”  and  “On the transplantation of human organs and tissues”. As an example, they cited the refusal of the Grand Chamber of the European Court of Human Rights (ECHR) of April 10, 2007 to give permission to a divorced woman who wants to get pregnant using embryos obtained during marriage.

Despite the fact that, according to the Ministry of Health, about 65,000 IVF procedures are performed annually in Russia only at the expense of compulsory health insurance (MMI), the Russian court has not previously resolved such disputes. Lawyers called the decision of the Rostov court unprecedented.

They also stated that any kind of emotion could be felt towards the applicant, but they were not enough to recognize the legislative scheme as disproportionate.


Photo: REGNUM news agency

Based on The Publishing House "Izvestia"

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