RESEARCH USE OF HUMAN IN VITRO EMBRYOS: LEGAL BOUNDARIES

Abstract

The aim: The purpose of this research is to study foreign experience in the field of legal regulation of the use of embryos in vitro to suggest ways to fill the gaps in current Ukrainian legislation and bring it into line with international law. Materials and methods: The subject of the research was the legal regulation of the in vitro embryo research use, which is completely outside of the current Ukrainian legislation. That is why the European models of its regulation were analyzed. The experience of Germany and Hungary in the field of in vitro embryo research use regulation was considered as an example and was compared with the current Ukrainian regulation. Conclusion: As the use of non-implanted embryos is outside the legal field, the anatomical materials of a dead embryo, whether implanted or not, can be removed both for scientific research within the statutory framework (subject to approval by the ethics committee) and with the therapeutic purpose (for cell transplantation), subject to the relevant proposed amendments to the legislation to comply with the requirements of the Convention on Human Rights and Biomedicine (Art. 18). Instead, the creation and further use of embryos for any purpose other than reproductive is illegal and should be prohibited by law with the imposition of appropriate criminal penalties. The right to dispose of embryos for research purposes may be granted by the woman and the man for whom the embryo was created, subject to informed consent and personal data processing consent.