A patient who has made a decision to use the services of assisted reproductive technologies (ART) in the clinic, after assessing the medical and financial aspects, should not forget about the legal component of such a decision.
A couple joining the IVF program must understand that early, joint and mutual settlement of individual issues will be a guarantee of proper protection of the rights and interests not only of the family as a whole, but also of each individual.
Тhe biomaterial is the property of everyone (the eggs are the property of the woman, the sperm is the property of the husband), and the embryo is their joint property. The procedure for disposing of such joint property generates a host of other equally important legal consequences: a child, paternity, the right to inheritance, and the like.
Among the rights to quality and safe medical services, we can highlight the following:
- the right to exclusively personal disposal of their biological material (sperm / eggs) or general disposal of the spouses' material (embryos). To exercise these rights and prevent abuse, we emphasize the need for personal presence and handwritten paperwork necessary for the use of biological material in ART programs.
- the right to preserve information that is a medical secret. This is information not only about the results of the examination, diagnosis, treatment methods, but also about the fact of contacting the Clinic.
Thus, when exercising your right to medical care, fatherhood and motherhood, it is very important not to forget about the legal consequences of your actions. If you have any doubts or questions, it is better to pre-consult at least with a doctor, and preferably with a qualified lawyer.
Legal information to read:
- Order of the Ministry of Health № 787 "On approval of the Procedure for the use of assisted reproductive technologies in Ukraine"
- paragraph 2 of Art. 123 of the Family Code of Ukraine (on determining the origin of the child from mother and father during IVF and embryo implantation).
- Art. 123 of the Family Code of Ukraine (On the origin of a child born in Ukraine as a result of the use of assisted reproductive technologies).
Proper legal support and documentation of assisted reproductive technologies programs is provided by the legal service of the clinic, which is always ready to answer all patients' questions. Correct execution of the documents established by the legislation is a guarantee of protection of the rights of the patient and medical institution on the way to realization of the general purpose - approach of pregnancy.