ПРАВОВОЙ СТАТУС ДЕТЕЙ, РОЖДЕННЫХ В РЕЗУЛЬТАТЕ ПОСТМОРТАЛЬНОЙ РЕПРОДУКЦИИ, В НАСЛЕДСТВЕННЫХ ПРАВООТНОШЕНИЯХ

Abstract

This article provides a comprehensive scientific and legal analysis of the inheritance status of children born through postmortem reproduction, in the context of the rapid development of modern assisted reproductive technologies. The study illuminates the theoretical and legal essence of the concept of postmortem reproduction, its place in civil law, and its significance within the system of reproductive legal relations following a person's death. Furthermore, it thoroughly substantiates the distinct aspects of the institution of postmortem reproduction compared to the classical "nasciturus" principle, offering a comparative analysis of their legal nature, the issue of legal personhood, and their impact on inheritance rights. To this end, the legislation and judicial practices of the United Kingdom, Germany, the USA, and several common law jurisdictions were examined, and the universal, special, and restrictive approaches to determining the legal status of children born from postmortem reproduction were systematically classified. The study identifies the existence of legal gaps in the current civil legislation of the Republic of Uzbekistan concerning the regulation of this institution and scientifically substantiates the need for the comprehensive regulation of these relations. The author proposes that postmortem reproduction be recognized as an independent and complex civil law institution and develops a conceptual approach for defining its legal consequences. In particular, the following system of fundamental conditions is proposed for the recognition of inheritance rights for children born as a result of postmortem reproduction: the prior, clear, and freely expressed written consent of the decedent; legally established time limits for carrying out the reproductive process; and criteria for reliably establishing the genetic link between the child and the decedent. The necessity of enshrining these requirements as a distinct provision in the Civil Code is substantiated. As a result, the article formulates scientific and practical conclusions regarding the place of the institution of postmortem reproduction within the civil law system, its impact on inheritance law, and directions for future legislative improvement.