ASSISTED REPRODUCTIVE TECHNOLOGIES AS A SUBJECT OF CIVIL LAW REGULATION CONCERNING THE PERSONAL NON-PROPERTY RIGHTS OF INDI-VIDUALS

Abstract

Introduction.The article analyzes assisted reproductive technologies (ART) as an object of civil law regulation concerning the personal non-property rights of individuals. Since ART is classified within medical activities and healthcare services, it is regarded as an object of civil law regulation concerning specific personal non-property rights. These include the right to access medical care involving ART, the right to receive information, rights associated with biological material (such as sperm, oocytes, and embryos), and the regulation of contractual relationships (including donation and surrogacy arrangements).

Summary of the main results of the study. The article highlights that the primary subjects of the right to access assisted reproductive technologies (ART) include patients namely, married couples, single women or men, and LGBT couples as well as healthcare institutions implementing ART programs, gamete and embryo donors, surrogate mothers, and state supervisory and regulatory authorities. The institutional framework supporting the right to medical services involving ART encompasses the network of medical institutions where such programs are carried out, alongside state regulatory bodies such as the Ministry of Health and the State Service on Medicines and Drugs. Particular attention is given to the role of scientific institutions engaged in research within the field of reproductive medicine, which occupy a distinct position among the institutional components of this right.

Conclusion. The problem of ensuring individuals' right to medical care with the use of ART in Ukraine is the lack of a single special law, which causes gaps in law enforcement. Among the important issues of this right are also gaps in the protection of personal data, as both the anonymity of donors and the confidentiality of potential parents may be violated due to insufficient clear control mechanisms.