On the question of right of same-sex couples to use assisted reproductive technologies on the territory of the Republic of Tajikistan

Occupation: Associate Professor of International and Comparative Law at the law faculty of Russian-Tajik (Slavonic) University
Affiliation: Russian-Tajik (Slavonic) University
Address: Republic of Tajikistan, Dushanbe

Journal name

Gosudarstvo i pravo

Edition

Issue 2

Pages

151-158

Abstract

The article analyzes the legislation of the Republic of Tajikistan, as well as certain foreign countries in the field of application of assisted reproductive technologies in relation to same-sex couples. The article examines the legislation of Tajikistan on the subjects of marriage. It is concluded that there is an indirect ban on marriage between persons of the same sex. It is proved that the absence of the possibility of same-sex marriage does not exclude the possibility of becoming parents of a child when using assisted reproductive technologies. According to the results of the study of the legislation on health care of the Republic of Tajikistan in the field of implementation of the right to artificial insemination, there are no restrictions for lesbian women. A lesbian couple who does not have the right to conceive a child in their country, given the border areas, can do so in the Republic of Tajikistan. The author argues for the possibility of men (including people of non-traditional orientation) on the basis of the constitutional provision on equal rights of men and women to require admission to participate in procedures for the use of assisted reproductive technologies.

The author proves that same-sex parenting does not meet the interests of the child. Based on the justification of the position that the interests of a child born in a non-traditional family contradict, it is concluded that it is necessary to exclude the possibility of granting rights to conceive a child using artificial methods of reproduction to same-sex couples in Tajikistan by making changes to the health Code of the Republic of Tajikistan.

Keywords

reproductive rights, same-sex couples, marriage, assisted reproductive technologies, parents, citizens ' rights, surrogacy, health care, birth, child

Received

31.07.2018

Publication date

31.03.2020

Number of characters

26802

Cite

GOST	Aminova F. On the question of right of same-sex couples to use assisted reproductive technologies on the territory of the Republic of Tajikistan // Gosudarstvo i pravo – 2020. – Issue 2 C. 151-158 [Electronic resource]. URL: https://gospravo-journal.ru/S013207690008553-0-1 (circulation date: 25.04.2024). DOI: 10.31857/S013207690008553-0
MLA	Aminova, Farida M "On the question of right of same-sex couples to use assisted reproductive technologies on the territory of the Republic of Tajikistan." Gosudarstvo i pravo 2 (2020):151-158. DOI: 10.31857/S013207690008553-0
APA	Aminova F. (2020). On the question of right of same-sex couples to use assisted reproductive technologies on the territory of the Republic of Tajikistan. Gosudarstvo i pravo (2), pp.151-158 DOI: 10.31857/S013207690008553-0

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