Ukraine is one of the few countries in the world where the majority of reproductive technologies are absolutely legal. Surrogacy and egg donation are carefully provided for by law and are completely legal in our country. Ukrainian laws in this domain are much more progressive than in the majority of European states.
Legal aspects of implementation of infertility treatment programs using assisted reproductive technologies in Ukraine are regulated by:
the Family Code of Ukraine – Article 123, para 1–3 (in the wording of Law No. 524–V dd. 22.12.2006) defines the origin of a child born as a result of implementation of the ART:
Article 123 of the Family Code of Ukraine
- When a child is born by a wife as a result of the use of the ART done upon the husband’s written consent, he is registered as the child’s father.
- When a human embryo conceived by a married couple (a man and a woman) with the help of the ART is transplanted into the body of another woman, such married couple are the child’s parents.
- The married couple are recognized as the parents of a child born by the wife after a human embryo that was conceived by her husband and another woman with the help of the ART was transplanted into the wife’s body.
Article 48 of the Law of Ukraine “Fundamental Principles of the Ukrainian Health Care Legislation”(in the wording as of 12 February 2008 No. 121–VI identifies the conditions for artificial insemination):
Article 48: Artificial Insemination and Embryo Implantation
Artificial insemination and embryo implantation are carried out according to the terms and procedures identified by the Ministry of Health of Ukraine, for medical purposes in an adult female, with respect to which such action is carried out, provided that the written consent of the spouses has been received, and donor anonymity as well as medical confidentiality is ensured.
The procedure of the child’s registration is regulated by Order of the Ministry of Justice of Ukraine No. 140/5 dd. 18.11.2003 “On Amendments and Additions to the Rules of Registration of Civil Status Acts in Ukraine”:
para 22. When a child is born by a woman in whom a fetus was implanted that was conceived by spouses, the birth is registered upon request of the spouses who gave their consent for implantation. In this case, simultaneously with the documents confirming the fact that the child was born by this woman, her written consent verified by a notary is submitted acknowledging that she agrees that the spouses should be registered as the child’s parents. In this case, a respective note is entered in the “Notes” column: “The child’s mother, according to the medical birth certificate Form No. 103/о–95 (z0266–95), is citizen (family name, first name, patronymic)”.
The Civil Code of Ukraine (in the wording dd. 21 January 2010 No. 1822–VI) identifies a group of people who have the right to participate in the ART programs:
Article 281: An adult woman or man have the right for health purposes to be subject of treatment programs using assisted reproductive technologies according to the procedure and terms provided for by law.
Order of the Ministry of Health of Ukraine No. 787 as of 09 September 2013 “On Approving the Use of Assisted Reproductive Technologies” regulates the procedure of the use of reproductive methods.
According to Clause 1.4 of Order No. 787, the ART programs can be implemented exclusively by the accredited health care facilities.
Clause 1.5 of Order No. 787 grants to the patients the right to freely choose medical facilities for the ART implementation.
Furthermore, Clause 1.8 of Order No. 787 reads that the ART are used for health reasons on the basis of the written voluntary consent of the patients using the patient’s/patients’ Request for the ART use (there is a template approved by the Ministry of Health of Ukraine).
Clause 1.7 of Order No. 787 provides that an adult woman and/or man have the right for health purposes to be administered the ART treatment programs.
In accordance with Clause 14 of the aforementioned normative document, medical assistance using the ART methods is provided in the conditions of confidentiality in accordance with Article 40 of the Fundamental Principles of the Ukrainian Health Care Legislation.
According to Clause 5.1 of Order No. 787, gamete or embryo donation is a procedure in which donors, in accordance with their written voluntary consent, provide their reproductive cells – gametes (sperm, oocytes) or embryos to be used by other persons for infertility treatment.
Embryo implantation is done for health purposes in an adult woman, with regard to whom such procedure is carried out provided written consent of the patients has been obtained, and donor anonymity as well medical confidentiality is ensured.
In accordance with Clause 5.5. of Order No. 787, oocyte donors may be:
- immediate relatives;
- anonymous voluntary donors;
- ART program patients who, in accordance with their written voluntary consent, provide some of their oocytes to the recipient.
Order No. 787 sets forth special requirements for oocyte donors (Clause 5.5.), namely:
- they can be women aged 18 to 36;
- having a healthy born child;
- having no negative phenotypic manifestations;
- with satisfactory somatic health condition;
- without contraindications for participation in the oocyte donation program;
- having no hereditary diseases;
- with no bad habits: drug, alcohol, substance abuse.
This order also identified a list of documents required for oocyte donation (Clause 5.9.):
- informed written consent for oocyte donation;
- oocyte donor questionnaire;
- individual record of an oocyte donor.
In Ukraine, a surrogate mother can be an adult legally competent woman who has a healthy child of her own, has given her written voluntary consent, and has no medical contraindications (Clause 6.4. of Order No. 787).
When parents of the child born by a surrogate mother are citizens of another country, they have to state the address of their temporary residence before they receive the documents and leave the country for the follow-up of the child by specialists from the pediatric and monitoring departments (Clause 6.8. of Order No. 787).
At present, according to Clause 6.9. of Order No. 787, registration of a child born with the help of the ART by a surrogate mother is done in accordance with the procedure specified in the applicable Ukrainian legislation provided there is a certificate confirming genetic relationship of the parents (mother or father) with the fetus (child).
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