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Legal Aspects of ART in Ukraine

Ukrainian legislation on assisted reproductive medicine presupposes a number of legal regulations. However, in contrast to the laws of some European and other countries, Ukrainian reproductive legislation allows application of ART to both officially married couples and unmarried co-habiting couples, as well as single people. The exceptions are surrogacy programs which are practiced for heterosexual couples living in an officially registered marriage only (which in itself answers the typical question: Is surrogacy legal in Ukraine?).

The list of fertility treatment programs (assisted reproductive technologies) permitted by the Ukrainian legislation includes:

  • In vitro fertilization (IVF; IVF-ICSI)
  • Intrauterine Insemination with husband’s or donor’s sperm (IUI)
  • Oocyte donation
  • Sperm donation
  • Embryo donation
  • Surrogacy

All these treatment procedures are provided in Gryshchenko Clinic – IVF.

Medical indications for participation in a surrogacy program (as stated in Order of the Ministry of Health of Ukraine №787 dated 09.09.2013)

  • ametria due to congenital anomaly of surgical resection of the organ;
  • medical problem in the uterine cavity or in the cervix due to a congenital malformation or a surgery, to benign tumours, which does not permit an IVF procedure and child-bearing;
  • structural and morphological or anatomical changes in the endometrium which result in uterine cavity synechia receptivity loss, which are resistant to treatment and prevent embryo implantation;  
  • serious somatic diseases whereby child-bearing threatens the recipient’s health or life in the future without however influencing health of the child to be born;        
  • repeated unsuccessful IVF attempts (4 times and over) in which embryos of high quality were repeatedly obtained, however their transfer did not result in impregnation.

Requirements to donors of oocytes (DO) (as stated in Order of the Ministry of Health of Ukraine №787 dated 09.09.2013)

Women meeting the following requirements can become donors of oocytes:

  • aged from 18 to 36; 
  • having their own healthy child;  
  • having no negative associated traits;  
  • having good somatic health; 
  • having no counter-indications for entering an oocyte donation program; 
  • having no hereditary diseases; 
  • having no harmful addictions: drug and toxic substances addiction, alcoholism.