On the relationship between constitutional and family law in the field of human reproductive rights
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Пурге Анна Роландовна
Anna R. Purge. Vladivostok State University. Vladivostok. Russia
This article provides a theoretical analysis of the legal status of participants in relationships involving the exercise of human reproductive rights. The objective of the study is to identify theoretical and practical issues relating to the relationship between constitutional and family law regulation of relationships in the area of human reproduction. The methodological basis of this studyis represented by a set of such methods of scientific knowledge of objective legal reality, applied during the preparation and writing, as: observations, samples, functional, structural, formal-dogmatic. As a result, existing issues of the relationship between constitutional and legal norms and family law in the sphere of human reproduction relations were identified, general approaches to their study were defined, and some ways of solving them were proposed. The following conclusions have been drawn: the recognition by the Russian Federation of the human right to found one's own family, as enshrined in the Universal Declaration of Human Rights of 1948, and the growing need to protect this right require systematic, legislative regulation of relations in the area of human reproduction. Keywords: Universal Declaration of Human Rights 1948, human right to found one's own family, human reproductive rights, assisted reproductive technologies, hierarchy of normative acts, donation, surrogacy, intended parents, genetic parents