The private-legal nature of the application of the methods of assisted reproductive technologies in Ukraine
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1
Department of Civil Legal Policy, Intellectual Property Law and Innovation, YAROSLAV MUDRYI NATIONAL LAW UNIVERSITY, Ukraine
2
Department of Civil Law, YAROSLAV MUDRYI NATIONAL LAW UNIVERSITY, Ukraine
Submission date: 2023-10-03
Final revision date: 2024-03-19
Acceptance date: 2024-04-08
Publication date: 2024-09-03
Corresponding author
Viktoriia Valentinovna Nadon
Department of Civil Legal Policy, Intellectual Property Law and Innovation, YAROSLAV MUDRYI NATIONAL LAW UNIVERSITY, Pushkinska Street, 77, 61024, Kharkiv, Ukraine
Wiadomości Lekarskie 2024;77(7):1476-1484
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ABSTRACT
In recent years, heated discussions have been going on around the issue of surrogate motherhood in Ukraine. The church, public organizations and human rights defenders give different arguments for banning or allowing women to be surrogate mothers. As a rule, these discussions rarely touch on the legal plane, the order of legal regulation of surrogate motherhood in Ukraine, and the order of registration of the surrogate motherhood procedure.
Surrogate motherhood is carried out as part of the in vitro fertilization program. Its feature is that the embryo received from the genetic parents is transferred into the uterine cavity to another woman. In Ukraine, surrogate motherhood is not prohibited by law: Part 7 of Art. 281 of the Civil Code of Ukraine stipulates that an adult woman or man has the right, based on medical indications, to carry out medical programs of assisted reproductive technologies in accordance with the procedure and conditions established by law; in Part 1 of Art. 290 of the Civil Code of Ukraine states that an adult with legal capacity has the right to be a donor of blood, its components, as well as organs and other anatomical materials and reproductive cells.
At the legislative level, the provision of medical services (surrogate motherhood services) in Ukraine is partially regulated, therefore the basis of the legal relationship that arises between performers (surrogate mother) and customers (genetic parents) is the contract concluded and signed by the parties on the provision of surrogate motherhood services.