In the coming days, the Verkhovna Rada plans to consider amendments to the Civil Code of Ukraine in the second reading, which will determine the possibility of making a will regarding one's own reproductive cells. This is reported by UNN, with reference to the draft agenda of the Verkhovna Rada meeting and draft law No. 10450.
Details
According to the draft law, the following amendments are planned to be made to Article 281 of the Civil Code of Ukraine regarding the preservation of the gene pool of the Ukrainian people:
- An individual who has used assisted reproductive technologies has the right to dispose of them in the event of his or her death or declaration by a court of his or her death or missing.
- An individual has the right to make a will regarding his/her own reproductive cells. A will shall be drawn up in the form and in the manner prescribed by this Code.
The comparative table provides clarification on the possibility of applying assisted reproductive technologies using such reproductive cells in case of death or declaration of an individual dead or missing by a court.
Rationale:
This amendment proposes to provide that an individual whose reproductive cells are stored in accordance with the law has the right to make a will regarding their disposal, as well as the use of assisted reproductive technologies using such reproductive cells.
- It is also proposed to provide that the disposal of reproductive cells is carried out in accordance with the will of the relevant individual in accordance with the procedure and conditions established by law.
It is noted that the will of an individual to dispose of his or her reproductive cells, which are stored in accordance with the law, in the event of his or her death or declaration of death, is the basis for the use of assisted reproductive technologies using such cells.
The will of an individual to dispose of his or her reproductive cells is the basis for the use of assisted reproductive technologies with the use of such reproductive cells under the following conditions:
- The authenticity of the signature of the relevant person on such a document;
- Confirmation that within six months after the death of an individual or declaration of death, the legal entity providing the storage service for the relevant cells has not received documents indicating the existence of a dispute over the right to use such cells.
It is proposed to establish that the will of an individual regarding the disposal of his or her reproductive cells, formalized by a notarized document or a document on which the signature of such an individual is authentic, is the basis for the disposal of such reproductive cells.
Justification: The amendment proposes to establish that the will of an individual, formalized by a notarized document or a document on which the signature of such an individual is authentic, is the basis for the disposal of such reproductive cells.
Recall
President Volodymyr Zelenskyy signed the law "On Amendments to Certain Legislative Acts of Ukraine on Preserving the Gene Pool of the Ukrainian People", which allows clinics to store frozen reproductive cells of fallen soldiers in cryobanks for three years.