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Publication date: 07.02.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
The war made many adjustments in the life of society, therefore, legal assistance during the war became quite relevant and important, because its main purpose is the protection of human and citizen rights.
- Next, let's talk about the fact that the disposal of one's own reproductive cells has become relevant in recent weeks and after the publicity of the case concerning the family of a fallen serviceman, whose wife was forbidden to use his reproductive cells.
- Taking this into account and with the aim of settling this issue in the legal sphere, a draft law was recently submitted to the Verkhovna Rada of Ukraine, which defines the basics of preserving the gene pool of the people of Ukraine.
The norms of this draft law provide for the introduction of a number of changes to the provisions of the Civil Code of Ukraine (hereinafter referred to as the Civil Code of Ukraine).
- If you have questions of this nature, our specialists of the legal marketplace "Consultant" will be able to help you with legal aid during wartime or drafting documents, drawing up a claim or concluding contracts with a lawyer, and the military lawyer of the online marketplace is a very convenient mechanism for solving legal issues.
- Thus, it is proposed to develop documents on the main nuances regarding the reproductive cells of an individual, which are stored in accordance with the norms of current legislation.
- It is determined by the project that such a natural person can dispose of such own cells in the event of his death or in the event that such a person is declared missing or declared dead by a court.
- The right to dispose of one's own reproductive cells through the use of assisted reproductive technologies is also provided here.
It should also be mentioned that at the beginning of February, the Committee of the Verkhovna Rada of Ukraine considered this draft law, which provides for the introduction of changes to Art. 281 of the Central Committee of Ukraine regarding measures to preserve the gene pool of the people of Ukraine. The development of the proposal for this project was submitted by people's deputies Radutsky and Dmitrieva. Studying the norms of such a draft law, it is worth noting that the above-mentioned Article 281 of the CCU is proposed to be updated and presented in a new version. In particular, it is proposed to include provisions regarding the right to dispose of one's own reproductive cells in the event of death.
In addition, it is also proposed to determine that the personal will of an individual, which has already been made and, accordingly, certified by a notary procedure and until the entry into force of such new norms of the law (before the adoption of the relevant changes), then in this case it will still be a basis for the use of assisted reproductive technologies by such an individual.
- In this case, a natural person, including military personnel (military serviceman), even after their death, may in the future be recognized as the mother or father of a child who was born using reproductive technologies.
- Also, it is proposed to provide benefits to such children of defenders, because the draft law provides for the introduction of numerous changes to the Family Code of Ukraine and the Civil Code of Ukraine.
- It is worth emphasizing that if such a draft law is adopted, it may eliminate gaps in ensuring compliance with the norms of constitutional legislation in order to preserve the gene pool of the people of Ukraine.
Here it should be said that in the current conditions of martial law, such new norms are quite relevant and important, so remember that even a lawyer in wartime or lawyer during hostilities will always be able to help you with issues in the protection of rights in the field of reproductive medicine because legal advice during wartime is extremely important for the protection of human rights
