The Right to Be Born: Possibilities for Protection and Limits on Implementation in Russia and the USA

The article examines the substance of and mechanisms for safeguarding the right to be born in Russia and the United States. It addresses two dimensions of prenatal life: the disposition of in vitro embryos created through assisted reproductive technologies and the legal protection of the embryo (fetus) during pregnancy. Legislation and case law are used to compare parental reproductive autonomy, the interest in preserving prenatal life, and considerations relating to the future child’s health. Particular attention is paid to Davis v. Davis, Dobbs v. Jackson Women’s Health Organization, LePage v. Center for Reproductive Medicine, and Russian cases concerning the transfer of cryopreserved embryos and compensation for harm caused by inadequate prenatal diagnosis. The article analyzes the influence of ethical concepts on the regulation of abortion and assisted reproductive technologies and considers the prospects of artificial-womb technology and whole-body gestational donation.