Correlation of private and public principles in the legal regulation of the use of genomic and assisted reproductive technologies

Abstract

In the present article the author notes that the achievements of modern science in the field of biomedicine, in addition to ethical and moral issues, also raise the problem of determining the limits of state intervention in the regulation of the use of genomic and assisted reproductive technologies. This problem, to a certain extent, continues the discussion regarding the effect of public-law principles in the sphere of civil legislation.In this connection, the question arises about the right of the state to interfere in the decision-making process of parents regarding the birth of children through the use of appropriate technologies, to establish age and other restrictions on persons who resort to these technologies, to determine the specifics of parental legal relations for such persons, etc., that is, to a large extent intrude on the private sphere of the citizen, the sphere that constitutes the privacy of his life.The presented analysis of legislation and judicial practice shows that all states are currently in search of a fair balance between private and public interests in an area that has traditionally been governed exclusively by the private will of the person, in the sphere of the exercise of his or her reproductive right. That is why it is so difficult for society to perceive various interventions of public authorities, that is why it is so important that society does not perceive them as unfair.As a result, the author concludes that as a priority the interests of the weak party in the relationship arising from the use of genomic and assisted reproductive technologies should be considered and protected — the interests of the child born with such technologies, while not allowing violation of the rights to life and health of others involved in such relationships, unreasonable invasion of their privacy.