The concept and content of the right to maternity in legal doctrine and court practice

Abstract

The scientific article examines the concept and content of the right to maternity, reveals the specifics of the implementation and protection of this personal non-property right of wife. In particular, the author notes in the article that the right to motherhood can be considered as a personal non-property right of a woman, which she has regardless of being in a registered marriage, which includes such rights as: the ability to give birth to a child (reproductive function, the right to pregnancy), in including the use of assisted reproductive technologies, the right to health care during childbirth, the right to refuse to give birth to a child, the right to demand from third parties not to deprive a woman of the opportunity to give birth to a child, and to compensation for damage in the event of deprivation of such an opportunity. Such elements of the right to motherhood as the right to create conditions in the family for the preservation of a woman's health and the birth of a healthy child, the right to create conditions in the family for combining motherhood with the exercise of other rights and responsibilities, as well as the right to divorce in the case of a man's unwillingness to have a child or his inability to conceive a child is directly related to the legal status of a woman as a wife in a registered marriage. The rights associated with the fact that a woman is in a registered marriage also include the right to require the husband to take part in impregnating his wife, including with the use of assisted reproductive technologies. Such a woman's right as the right to use assisted reproductive technologies (the right to artificial reproduction), in our opinion, this right is also an element of the right to motherhood, although it is not directly defined in Article 49 of the Family Code of Ukraine, since this right ensures the natural existence of natural persons and is aimed at the implementation of the reproductive function. Judicial protection of the right to motherhood is carried out in the context of granting the right to marry to a person who has reached the age of sixteen and resolving cases of recognition of motherhood.