Historical and legal retrospective of the formation and development of contractual obligations for the provision of medical services with the use of assisted reproductive technologies

Abstract

The proposed article is devoted to the study of the genesis of the formation and development of contractual obligations for the provision of medical services using assisted reproductive technologies.
Having analyzed the official data of the State Statistics Service of Ukraine the author notes that in recent decades Ukraine has been experiencing a demographic crisis, where mortality exceeds birth rates by dozens of times. The main reasons for the low birth rate in Ukraine are: value changes associated with the shift in focus from the number of children born to the quality of their maintenance and upbringing, with the desire for self-realization outside the sphere of motherhood/fatherhood; deterioration of health due to armed aggression, in particular reproductive, as a result of wounds and injuries, lack of proper treatment in temporarily occupied territories, stress, depressive moods caused by constant fear for one’s life and the lives of children and relatives; economic factors - with the birth of a child, the risk of poverty increases; difficulties in combining professional activity, education with the birth and upbringing of children; the possibility of receiving educational services, etc.
The author concludes that the decline in the birth rate inUkraine is of a complex nature, which includes medical, legal, socio-economic and moral-ethical components. In order to increase birth rates and help a person improve their reproductive health, the possibility of procreation and the pleasure of motherhood/fatherhood, modern medicine reaches the «peak» of the development of medical discoveries that contribute to improving the state of human reproductive function using assisted reproductive technologies (ART).
The use of modern assisted reproductive technologies, which are already actively implemented and used by humans today, poses a number of tasks for the legislator, which consist in creating an effective legal framework for regulating legal relations related to their use. To achieve the relevant tasks, the scientific work outlines the prerequisites for the implementation of assisted reproductive technologies in their historical retrospective, as well as the features of their legal regulation in the present day.