In case where the patient's ovaries do not produce oocytes due to various medical reasons, they use egg donation method in numerous failed attempts of IVF or in order to avoid the risk of transmission of hereditary diseases to a child.

Every woman entering into a program of egg donation has concerns about the legality of the procedure but specialists of Anastasia Herman law office will be glad to assist and clarify the legal side of egg donation in Ukraine.

Today, egg donation is a legal procedure in Ukraine and this is a big benefit in terms of solving infertility problems, as opposed to some countries where donation is prohibited for both religious, legal either ethical reasons.

First of all, the procedure for egg donation is regulated by Article 123 of the Family Code of Ukraine and Article 48 of the Fundamentals of Ukrainian Health Law.

According to the legislation, donor doesn’t have any parental responsibility or parental rights towards a child born in result of egg donation program. The Family Code of Ukraine on the origin of a child conceived as a result of artificial reproductive technologies declares the following:

  • In the case of the birth of a child by a wife conceived as a result of ART carried out with the written consent of her husband, he is registered to be  the father of the child.
  •  In case when an embryo of a human conceived by a spouse (male and female) as a result of the use of auxiliary reproductive technologies is transferred into the body of another woman, the parents of the child will be considered the marriage.
  • A spouse is recognized as the parents of a child born by a wife after transferring into her body a human embryo conceived by her husband and another woman as a result of the application of ART.

In the Instruction on the procedure for the use of artificial reproductive technologies, approved by the Order of the Ministry of Health №787, the legal parties of the procedure for an egg donation are exposed in detail. The instruction contains a list of individuals who have the opportunity to offer their participation in such a procedure (donors). Donors can be familiar to a person of the female sex, relatives; anonymous voluntary donors; Patients with Assisted Reproductive Techniques, who have written consent, voluntarily agree to provide the recipient with part of their egg. The essential documents for the procedure:

  • An agreement with a donor of oocytes on a conscious, voluntary agreement to participate in an ovulation donor program and the controlled ovulation and ovary puncture stimulation;
  • Application, where the written consent of the donor's husband is given.

In case the egg is provided by an anonymous voluntary donor, the law guarantees full confidentiality and preservation of medical secrecy.

Anonymity also means that the family of recipients receives only general information about the donor. It is nationality, height, weight, color of eyes and hair, education, the presence of family and children, blood group and Rh factor. The married couple signs a statement that they are obligated not to identify the donor of the egg and understand that further communication between them or their children with the donor is impossible.

In pre-emptive programs, a contract is concluded between the clinic and the donor, which represents consent for egg retrieval. The contract also defines the obligations of the parties. Applicant for a donation undergoes a complete medical examination, interviews with a psychologist.

Donors of oocytes may be:

  • females;
  • close relatives;
  • anonymous voluntary donors;

Patients of Assisted Reproductive Technologies programs, which, upon written consent, give the recipient part of their oocytes.

Requirements for egg donors:

  • woman aged 18 to 36;
  • the presence of a born healthy baby;
  • the absence of negative phenotypic manifestations;
  • satisfactory somatic health;
  • absence of contraindications for participation in the program of donation of oocytes;
  • absence of hereditary diseases;
  • absence of bad habits: drug addiction, alcoholism, substance abuse.

Indications for in vitro fertilization using donor oocytes:

  • absence of acquired oocytes or congenital, due to natural menopause;
  • risk of transmission of hereditary diseases;
  • unsuccessful repeated in vitro fertilization attempts at low embryo quality and inadequate ovarian response to controlled stimulation and repeated intake of low-grade oocytes and embryos.

The international opinion on egg donation is very ambiguous in many other countries worldwide. Egg donation law varies from country to country and sets more limit than possibilities. Anastasia Herman law office provides legal counseling and support of egg donation in Ukraine.

If you have any question - please contact our specialists for more information.