Justification for adopting the law
According to WHO data infertility level in Ukraine and Russia reaches nearly 20%, and it means that every fifth couple cannot make a baby in the traditional way. Therefore treatment with use of assisted reproductive technology is accelerating, unlike the legislation regulating this sphere every year. In Ukraine and Russia there is no separate law which would regulate the sphere of assisted reproductive technology. The majority of legal bases of the sphere of assisted reproductive technology are regulated at the level of by-laws.
Despite a great number of normative legal acts, beyond the law there are many issues connected with use of ART that in turn leads to a number of problems both for reproductive clinics and for patients.
Adoption of this law:
- Will allow to provide appropriate regulation of the public relations in the sphere of assisted reproductive technology;
- Guarantees protection of the rights of citizens who apply to techniques of assisted reproductive technology, including to surrogate mothers and intended (biological) parents;
- Guarantees protection of the donors of reproductive cells and also the babies who were born as a result of the assisted reproductive technology use;
- Will allow homosexual couples, couples being not in marriage and to lonely men to address to services of surrogate mothers;
- Excludes discrimination against people who demand use of the ART methods, including their race, skin color, religious and other beliefs, gender identity, sexual orientation, nationality, an ethnic, social and foreign origin, age, the states of health, disability, suspicion or existence of a disease HIV/AIDS, a marital and property status, family duties, the places of residence;
- Does not permit refusal of surrogate mother to give the baby to the person (people) who signed the contract with her .
General characteristic and basic provisions of the law
Task of the law is fixing at the law level of organizational and legal bases of regulation of the sphere of assisted reproductive technology, namely conditions and an order of use of assisted reproductive technology, including method of surrogacy, the right and a duty of people to whom assisted reproductive technology, conditions and a procedure of donation of reproductive cells, the order by reproductive cells, conditions of a cryopreservation, storage and use of reproductive cells, embryos and fabrics are applied.
Financial and economic justification
Acceptance and implementation of provisions of the law will not require expenses from the state budget.
Read the draft law (Russian language)