Contracts in the field of providing medical services with the use of assisted reproductive technologies


  • N.M. Stefanyshyn



assisted reproductive technologies, contract for the provision of medical services, surrogate motherhood, civil law contract, medical institution, patient


The proposed article is devoted to the study of contracts in the field of providing medical services with the use of assisted reproductive technologies. The author notes that the development of social relations affects all spheres of social life, and, at the same time, poses a number of problems that need to be solved. One of these fields, of course, is medicine. Today, medicine has reached such a level of development of medical technologies that allows, for the most part, every patient to receive high-quality medical service and achieve the set goal. People who, for various reasons, are deprived of the opportunity to have children can get a sense of parenthood through the use of assisted reproductive technologies (DRT).
Covid-2019, the brutal war that began in Ukraine on February 24, 2022, the ongoing anti-terrorist operation that took place in our country since 2014, etc., lead to the deterioration of the environment and ecological security and do not make it impossible, but also contribute to the appearance of various diseases that worsen the state of human health, negatively affect the functioning of all systems of the human body, including the reproductive system, which is reflected in the low birth rate in Ukraine and the demographic situation in general. Therefore, the proposed topic should be investigated in its entirety based on moral and ethical and legal norms, applying knowledge of psychology, sociology and history.
Having conducted a scientific study, the author comes to the conclusion that the most successful construction in the civil-law plane, which will regulate social relations for the provision of assisted reproductive technologies, is the construction of a civil-law contract. However, relations with the use of assisted reproductive technologies require proper civil law regulation at the state level, but it is necessary to take into account that such relations are of a special nature, which is related to the personal life of an individual and his natural rights, which are inviolable and inalienable - the right to motherhood and paternity, the right to life, the right to health care, which are guaranteed by the Basic Law of the State - the Constitution of Ukraine and the Universal Declaration of Human Rights.