Legal Basis for the Use of Assisted Reproductive Technologies: A Comparative Analysis of the Legislation of Ukraine and European States

Abstract

The aim: Conduct a comparative legal analysis of the legislation of Ukraine and other countries on the use of assisted reproductive technologies (hereinafter – ART). Materials and methods: The study used an interdisciplinary approach to the analysis of the problem of assisted reproductive technologies. This approach includes dialectical, comparative law, statistical and systemic methods. The study used scientific developments in the field of ART, international acts, legislation, statistics. Ukrainian legislation on surrogacy and other ARTs has been studied. The expediency of adopting a special law to regulate the use of ART in Ukraine is substantiated. According to the monitoring data, Denmark, Belgium, Iceland, Sweden, Slovenia, the Czech Republic, Estonia, and Serbia are the leaders in the use of ART among European countries. Conclusions: The study allows us to conclude that the legislation of the studied European countries and Ukraine on the use of assisted reproductive technologies are quite different. European countries, except the United Kingdom, are very limited in allowing embryo research. It is noted that, first, not all countries allow surrogacy; second, a different maximum age is set for women to use ART; thirdly, the different shelf life of cryopreserved embryos has been established. The issue of the possible maximum number of implanted embryos into the uterine cavity using ART requires clear legal regulation both in Ukraine and in the EU.