Lada Clinic pays special attention to the legal support of the programs for assisted reproductive technologies.
Considering that this issue is not fully regulated by the Ukrainian legislation, participation of a lawyer as well as the competent legal support of the reproductive programs is a very important aspect. It especially refers to the use of donor programs and surrogate motherhood that require a specific legally precise and flawlessly clear legal support.
In order to provide the legal support to its patients, Lada Clinic has a long-standing collaboration with a Yubikon law firm with a focus on the medical law, in particular, legal support of reproductive medicine. This firm is a member of the Ukrainian Association for reproductive medicine. It started its activity in 1999, and since 2006, it became a competent legal advisor of in the field of medical services.
Specialists of the law firm offer the clients of Lada Clinic comprehensive legal solutions, consultations and support at all treatment stages. The Clinic’s clients have a possibility to receive professional legal consultations at the same time with the first medical consultations.
What is the status of the legislative basis for the ART in Ukraine?
Infertility treatment programs with use of ART in Ukraine are governed by:
the Civil Code of Ukraine (# 1822-VI as amended on January 21, 2010) determines a number of individuals that can participate in the ART programs. Article 281: A man and a woman of full legal age have a right to use treatment programs of assisted reproductive technologies for themselves according to the medical indications, the procedure and conditions established by the law.
Article 123 of the Family Code of Ukraine, clauses 1-3 (law # 524-V as amended on December 22, 2006) regulates the determination of the child’s origin when the child was conceived with the ART use. Article 123 of the Family code of Ukraine:
- In case if a child delivered by a wife was conceived with the ART use (performed upon her husband’s written consent), the husband shall be registered as the child’s father.
- In case of a human embryo transfer into the organism of another woman, where such embryo was conceived by a married couple using the assisted reproductive technologies, such married couple shall be registered as the parents of the child.
- A married couple shall be considered parents of the child delivered by a wife after the transfer of the human embryo into her organism, where such embryo was conceived by her husband and another woman using the assisted reproductive technologies.
Article 48 of the Law of Ukraine “Framework legislation of Ukraine on healthcare” (# 121 as amended on February 12, 2008) stipulates the conditions for the artificial insemination. Article 48: Artificial insemination and embryo implantation: use of artificial insemination and embryo implantation are to be performed in compliance with the conditions and procedure established by the Healthcare Ministry of Ukraine, based on the medical indications for the same for a woman of full legal age, upon the written consent of the spouses, and upon the condition of donor confidentiality and maintaining privacy of healthcare providers.
Law of Ukraine “Prohibition of reproductive cloning of human beings” (# 2231-IV as amended on December 14, 2004). The law introduces the prohibition of reproductive cloning of human beings in Ukraine based on the principles of respect of an individual, acknowledgement of value of an individual, necessity to protect the rights and freedoms of a human being and considering the lack of research of biological and social consequences of cloning of a human being.
Decree of the Healthcare Ministry of Ukraine # 579 as of November 29, 2004 “Procedure of women referral for the primary infertility treatment course utilizing assisted reproductive technologies based on invariable indications and at the expense of budgetary funds” (as amended according to the Order # 362 as of June 05, 2006). In pursuance of article 1 of the Decree # 579 the primary infertility treatment course for women aged 19-40 utilizing assisted reproductive technologies shall be provided according to the invariable indications: tubal factor infertility, normogonadotropic: absence or complete tubal obstruction; surrogate motherhood (if a patient has a uterine factor infertility because of the uterus absence), synechiae in the uterine cavity. The treatment is provided by the board decision of the Healthcare Ministry of Ukraine regarding selection of patients with invariable indications for the primary infertility treatment course utilizing assisted reproductive technologies, which is covered by the budget funds. 2. Decision regarding the primary infertility treatment course utilizing ART at the respective public healthcare facilities is made by the Board based on the conclusion of a senior external expert of the Healthcare Ministry of Ukraine with a degree in obstetrics and gynecology, taking into account the contraindications stipulated by the procedure.
Decree of the Healthcare Ministry of Ukraine # 771 as of December 23, 2008 “Approval of guidelines for use of assisted reproductive technologies” determines the procedure and conditions for the use of assisted reproductive technologies. In pursuance of subclause 3, Article 1 of the Decree # 771, implementation of the ART programs should be performed exclusively at the accredited healthcare facilities. In pursuance of subclause 4, Article 1 of the Decree # 771, patients have the right of free choice of the medical facility for the ART. In addition, the subclause 6, Article 1 of the Decree # 771 stipulates that the ART technologies have to be used according to the medical indications and based on the written voluntary consent of the patients in the form of an Application of patient/patients for use of ART (reference form approved by the Healthcare Ministry of Ukraine). Subclause 7, Article 1 of the Decree # 771 stipulates that a woman and/or man of full legal age have a right (based on medical indications) to be treated by the ART treatment programs, in compliance with article 281 of the Civil Code of Ukraine. In pursuance of subclause 11, Article 11 of the Decree # 771, if there are no contraindications for the ART, the patients shall be referred for treatment to a healthcare facility regardless of the form of ownership but upon the availability of the test results. Patients can directly apply for the ART treatment without any referral.
Decree of the Healthcare Ministry of Ukraine # 771 as of December 23, 2008 “Approval of guidelines for use of assisted reproductive technologies” ceased to be in force and effect according to the Decree of the Healthcare Ministry of Ukraine # 787 as of September 09, 2013 “Approval of procedure for use of assisted reproductive technologies in Ukraine”. The Decree # 787 came into force on November 01, 2013.
Clients of the Clinic can also receive related legal consultations and support, such as representation of interests in public authorities, notarial system, including in registration authorities. Clients-non-residents can also be provided with visa support and consultations regarding the formalities and registration of a child, including outside the territory of Ukraine with support of the legal partners of Yubikon law firm abroad.