LEGAL PHENOMENON OF «TRILATERAL PARENTHOOD»

Abstract

The possibilities of modern medicine pose new challenges to the law. The emergence of new forms of social relations in terms of content requires the law to respond with appropriate legal constructions. Mitochondrial heredity is one of the most serious challenges for fertility specialists because in the case of mitochondrial mutations, severe hereditary mitochondrial diseases are formed, which are often incompatible with life, namely Leber's optical neuropathy, Leigh syndrome, and many others. These hereditary mitochondrial diseases are transmitted precisely through the embryo's oocyte. In 2016, the problem of undesirable mitochondrial heredity due to certain pathologies was first solved in the world through the so-called «mitochondrial donation,» by donating parts of reproductive cells. In January 2017, Ukrainian fertility specialists from a reproductive medicine clinic reported a birth of the world's first child from the world's first pregnancy, made possible with the help of another innovative method of preventing mitochondrial heredity — the so-called «pronuclear transfer.» This is also a method of preventing mitochondrial heredity and also by donating parts of reproductive donor cells, however, the «pronuclear transfer» method is more effective. These two latest methods of preventing mitochondrial heredity by donating parts of reproductive donor cells are the ART method. The concept of «trilateral parenthood» has been repeatedly used in the media to describe this method, but we emphasize that this name does not correspond to the social concept of paternity. The phenomenon of «trilateral parenthood» can still be considered, but such legal relations should be based on the social concept of paternity, and not on certain genetic connections that arise through anonymous donation. However, despite the high relevance of the described methods for the prevention of mitochondrial heredity, the use of both methods is not regulated by national legislation. This article raises the issues that may accompany the use of such methods, as well as actualizes the need to adopt comprehensive legislation to regulate topical issues related to the implementation of various aspects of reproductive rights in Ukraine.