Abstract
The Law on Assisted Reproduction was adopted by the Parliament of Lithuania (Parliament) on 14 September 2016. This law entered into force on the 1 January 2017 and replaced the Order of the Ministry of Health of 1999 which regulated assisted reproductive technologies (ART) until then. After the adoption of the new Civil Code in 2000, Parliament recommended that the Government prepare a draft law on ART by 2002. The first “liberal” draft was presented to Parliament in 2004. Its opponents also prepared a “conservative” draft. Both drafts were rejected. Only in 2010, a new draft was prepared but the adoption of this law was delayed until 2016. This article could be one of the first to present an overview and analysis of the history of legal regulation of ART in Lithuania; it also describes the main features of the new law, reveals its shortcomings and gaps, and explains the main reasons for such a long legislative process in this area.
Highlights
The Law on Assisted Reproduction was adopted by the Parliament of Lithuania (Parliament) on 14 September 2016
The Civil Code of 2000 legalised registered partnerships between couples of opposite sexes (Arts. 3.229–3.235), but for these rules to enter into force, adoption of a special law on the procedure of registration of partnership is necessary
assisted reproductive technologies (ART) procedures are expected to be financed from the health insurance budget funds, due to a lack of funds, it will be impossible to ensure full coverage
Summary
The first legal act in this field was adopted on 24 May 1999 when the Minister of Health issued the Order on Artificial Insemination (No 248). In terms of global practice, this Order may be viewed as a controversial legal act which did not cover all major ART-related problems that needed to be legally regulated. In terms of global practice, this Order may be viewed as a controversial legal act which did not cover all major ART-related problems that needed to be legally regulated. It had gaps and was not up to date in terms of contemporary Lithuanian society, i.e., it did not sufficiently regulate embryo and gamete protection, donation of female oocytes and auto donation, issues relating to sperm banks, surrogacy, requirements for donors of reproductive cells, or liability for violations of the legally-established procedure for artificial insemination. – the woman and her husband had to be fully informed about the nature of the procedure Before signing their consent, they had to have all ethical, medical and legal consequences explained;. Lithuania has 12 private clinics that are licensed to provide ART services. The price of the treatment is around EUR 2,000,11 and the number of treatments in 2008 was about 3,000.12
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