Legal matters

 LegislationAll medical procedures are performed in ISIDA Clinic pursuant to Ukrainian legislation. Liberal legal framework allows us to provide our patients with a wide range of services.

According to Article 123 of the Family Code of Ukraine dated January 10, 2002 No. 2947-III “Affiliation of a Child Born by Virtue of Assisted Reproductive Technologies.”

1. If the wife delivers the child conceived using Assisted Reproductive Technology, upon written consent of her husband, the latter shall be registered as the father of the child born to his wife.

2. If the embryo conceived by the spouses using Assisted Reproductive Technology is transferred into the body of another woman, the spouses shall be considered the parents of the child.

3. The spouses shall be considered the parents of the child, delivered by the wife, when an embryo conceived by her husband and another woman using Assisted Reproductive Technology was transferred into the wife's body.

According to the Order of the Ministry of Health Care of Ukraine No. 787 "On Approval of the Procedure of Assisted Reproductive Technologies Application" adopted on September 9, 2013, the following technologies can be used:

  • In vitro fertilization (IVF);
  • Oocytes donation;
  • Cryopreservation of the eggs, sperm and embryos;
  • Additional technologies when performing IVF:
    • ICSI;
    • Auxiliary hatching;
    • Preimplantation genetic diagnosis (PGD).
  • Surrogacy (this method is used in our clinic only in the presence of medical necessity).

Embryos

TransferBy in vitro fertilization the legislation recommends transferring not more than one or two embryos. A larger number of embryos can be transferred in the presence of medical necessity.

CryopreservationCryopreservation of embryos is allowed under the law. Frozen embryos can be used in the next cycles. Ukrainian legislation does not determine the term of embryo storage. Transporting the embryos abroad is not prohibited, yet the terms and conditions are not clearly outlined. In case of transportation of the embryo, the legal support of this process must be ensured.

Embryos reductionThe legislation allows reducing certain number of embryos in cases where multiple pregnancy poses a threat to woman’s life and health, and in some other cases. This decision is taken jointly by the doctor and the pregnant woman. A written consent of the patient is required for the reduction which must be performed prior to the 10th week of pregnancy.

Oocytes and sperm donation

DonationEggs and sperm donation is strictly anonymous in Ukraine and performed only in the presence of medical necessity, subject to the patients’ written consent. Pursuant to legislation, the donors may not claim parental rights to the future offspring.

The donor will not receive any information about the person who becomes cells recipient and future offspring.

High requirements are applied to the oocytes donors. Only physically and mentally healthy women without bad habits (drug addiction, alcohol and substance abuse), between the ages of 20 to 32, who already have healthy children, can become donors.