ADMINISTRATIVE AND LEGAL REQUIREMENTS FOR HEALTH CARE INSTITUTIONS IN UKRAINE PROVIDING SURROGATE MATERNITY MEDICAL SERVICES

Abstract

The article is devoted to the definition of administrative and legal
requirements for healthcare institutions in Ukraine that provide surrogacy
services. Legislative and by-laws in the field of researched legal relations are
characterized. Draft laws registered in the Verkhovna Rada of Ukraine aimed at
improving the legal regulation of relations in the field of assisted reproductive
technologies were analyzed. The opinions of scientists who researched the
problems of surrogate motherhood were studied. It was established that there is
no separate law of Ukraine regulating relations in the field of assisted
reproductive technologies. The norms of the Family, Civil Codes and Basics of
legislation on health care regarding surrogate motherhood are considered.
Particular attention is paid to the Licensing conditions for the implementation of
economic activities for medical practice, which establish the general principles of
obtaining a license for medical practice, as well as the Procedure for the use of
assisted reproductive technologies in Ukraine, which establishes the
requirements for the implementation of surrogate motherhood. Attention is
focused on the availability of an accreditation certificate in health care institutions
as a mandatory condition for the provision of surrogate motherhood medical
services by the health care institution.
The expediency of developing and adopting a bill on assisted reproductive
technologies, which would contain requirements for obtaining a license and a
detailed procedure for licensing such medical practice as assisted reproductive
technologies, in particular, surrogate motherhood, is substantiated.