Rights and Legitimate Interests of a Child Born Using Assisted Reproductive Technologies

摘要

The paper presents the analysis of such concepts "right" and "legitimate interest" in relation to a child born using assisted reproductive technologies. The term "interests of a child" is quite often used in the family law of the Republic of Tajikistan. Nevertheless, the content of the given category still remains unsolved. The legislator does not establish compliance criteria of the interests of parents with the interests of children and does not define the term "interests of children". Based on the analysis of various doctrinal approaches, the author comes to a conclusion that the interest can be both subjective and objective category. One of functions of assisted reproductive technologies is granting the last opportunity for married couples to have their own genetic child. A child born with the use of assisted reproductive technologies shall have the same rights for healthy family education as a child conceived in a natural way.