Legal aspects of the embryo status: theory and practice

The article provides a detailed analysis of the legal aspects of the status of an embryo created using assisted reproductive technologies (ART) in the Russian legal system. It is noted that the current legislation does not clearly define the status of an embryo, as a result of which it is not recognized as a subject of law and does not have independent legal capacity. An embryo is considered primarily as a special type of biological material, and not as an independent person, which predetermines the specifics of its legal regime. Issues of storage, use and destruction of embryos are regulated by medical and ethical standards, and not by civil or family law. In judicial practice, disputes over the fate of embryos are qualified as disputes over biological material, and not over a subject of law, which is confirmed by examples from court decisions. At the same time, a progressive trend is noted in protecting the rights of children born using ART, including recognition of their right to inheritance and social benefits. The need to improve legislation aimed at establishing a special status for the embryo, developing special regulations governing issues of handling embryos, as well as ensuring a balance of interests of all participants in ART and compliance with ethical standards is emphasized.