Enhancement of the Civil Legislation of Ukraine on Assisted Reproductive Technologies in Accordance with the EU Legal Standards

Abstract

The article highlights current issues in improving the civil legislation of Ukraine on assisted reproductive technologies (ART) and its harmonisation with EU law as an important component of the European integration process. It is emphasised that, in general, the rights of individuals in the field of ART generally comply with the requirements of the Copenhagen criteria in ensuring fundamental rights and freedoms. However, due to the absence of clear procedural regulation–particularly the lack of a specialised law on ART–as well as ethical controversies and religious biases regarding parenthood and the rights of the child, there is a growing need for harmonisation with European bioethical standards as defined in the Convention on Human Rights and Biomedicine (Oviedo Convention). Among the problematic aspects of the current Ukrainian legislation on ART that do not fully comply with EU legal standards are insufficient regulatory oversight of the use of embryos in research and inadequate compliance with quality and safety standards for the donation, procurement, testing, processing, preservation, storage, and distribution of reproductive tissues and cells. Another concern identified in the EU context regarding the rule of law and ethical standards in Ukraine is the insufficient protection of the rights of children born through surrogacy. This includes restrictions on their right to know their origin, which in Ukraine is limited by donor anonymity. Additionally, a problematic aspect of the current alignment of Ukrainian legislation with EU standards in the field of ART is discrimination and inconsistency with European principles of equality, as current legal norms restrict access to surrogacy programs for same-sex couples and single men. Given the EU’s emphasis on inclusivity and accessibility, such restrictions may be interpreted as discriminatory. In conclusion, the adaptation of Ukrainian legislation concerning the protection of individual rights in the field of ART, in accordance with EU legal standards, is currently aimed at addressing these problematic aspects, particularly through the establishment of clear rules governing the application of ART.