Legal Regulation of DonatingEmbryosfor Scientific Research and for the Infertility Treatment in Ukraine

Abstract

The purpose of this study is based on a study of Ukrainian experience in the field of legal regulation of the useand donating of embryos in vitro for research purposes and infertility treatment, analyzing cases of European Court on human rights in this field,to suggest waysto fill the gaps in current legislation of Ukraine and bring it into line with international law.The subject of the research was the legal regulation of donatingembryosfor scientific research and for the infertility treatment in Ukraine, which is an interesting experience for scientists from other countries, since Ukraine has become a candidate for European Union (EU) membership, and thus the peculiarities of the legal regulation of embryo donation in Ukraine will allow us to identify the positive and negative aspects of embryo donation and the possibility of conducting a comparative analysis with foreign regulation.In Ukraine, donation of gametes and embryos is a procedure according to which donors, with written voluntary consent, provide their reproductive cells-gametes (sperm, oocytes) or embryos for use in other persons within the treatment of infertility. The application of embryo donation is carried out according to medical indications, subject to the presence of written informed voluntary consent of the patients, ensuring the anonymity of the donor and maintaining medical secrecy. The study is based on an interdisciplinary approach to the analysis of the problem oflegal protection of the embryo using dialectical, comparative legal, and systemic methods. The research used scientific developments in the field of problems of the legal status of the human embryo, international acts, the legislation of Ukraine, the practice of the European Court of Human Rights (ECHR).