CERTAIN ISSUES OF THE INHERITANCE STATUS OF CHILDREN

Abstract

The article is devoted to the analysis of controversial aspects of the inheritance-legal status of children, among which special attention is paid to the issues of determining the moment of emergence of the right to inheritance, the inheritance-legal status of children conceived during the life of the testator and born after his death, as well as children conceived as a result of the use of assisted reproductive technologies and those born after the death of the testator. It is emphasized that the issue of determining the moment of the right to life is controversial and does not have an unambiguous solution in jurisprudence, religion, and medicine. At the same time, a systematic analysis of the legal norms that determine the moment of the right to life makes it possible to conclude that the right to life, and, as a result, the right to inheritance arises in a person at the moment of his live birth, regardless of the presence of criteria for his viability. In accordance with Part 1 of Art. 1222 of the Civil Code of Ukraine, natural persons who are alive at the time of the opening of the inheritance, as well as persons who were conceived during the life of the testator and born alive after the opening of the inheritance can be heirs under the will and by law. The authors believe that this provision is fair because it enables children conceived during the life of the testator, but born after his death, to inherit the property of the testator. At the same time, attention is drawn to the fact that today the legislation of Ukraine does not regulate the issue of inheritance status of children conceived and born as a result of the use of assisted reproductive technologies after the death of the testator, which is discriminatory, as it deprives such children of the opportunity to inherit the testator's property. Summarizing conclusions have been made regarding the need to amend the legislation of Ukraine, which will enshrine the right of children conceived as a result of the use of assisted reproductive technologies and born after the death of the testator, to inheritance. At the same time, it is considered necessary to establish certain conditions, the observance of which will determine the recognition of such children as heirs.