SUBJECTIVE CIVIL RIGHT TO REPRODUCTION AS LEGAL BASIS FOR SURROGACY CONTRACTUAL RELATIONSHIPS

Abstract

The article is devoted to research of surrogacy legal relationships as well as subjective civil right to reproductionas legal basis for such relationships. The definitions of surrogacy and of the reproductive subjective rights containedin the projects of regulatory instruments, doctrine provisions and other sources are considered. The author analyzescomprehensively separate subjective civil rights, related by modern sources to reproductive rights. The essenceof human reproductive function that provide possibility to conceive, to carry and to born a baby is defined.The definition of reproductive subjective civil right (in narrow sense) is formulated. According to it such rightis defined as behavior measures of a person to realize reproductive function by natural or artificial conceive and/orcarrying and birth of a child.It is substantiated that being correlated with physiological features and abilities of human health reproductivefunctions exists regardless of other persons and this let to relate subjective civil right to reproduction to absoluterights. At the same time the specificity of natural process of conceiving provides necessity to use in such processthe reproductive cells of human female and male. That is why the effective realization of reproductive functionat the stage of conceiving determines the necessity to enter the relationships with the person of other gender or withthe legal person who owns the necessary reproductive cells.It is defined that within contractual civil legal relationships of surrogacy reproductive function is realized byperson of female gender and person of male gender whose reproductive cells are used in conceiving process as wellas surrogate mother who provides carrying and birth of a baby. Thus these persons realize their reproductive rights.