Clinics will not dispose of military personnel’s reproductive cells if they die. On March 12, Ukrainian President Vladimir Zelensky signed a law that corrected this conflict.
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Law No. 10448 will allow the cells of a deceased soldier or fighter to be stored and used for fertilization for three years from the date of death of the person.
The reproductive cells of a deceased person will be preserved free of charge for three years from the date of his death. Further storage can be extended at the expense of another person, determined at the disposal of the person regarding his own reproductive cells, according to the website of the Verkhovna Rada of Ukraine.
The law provides:
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In the event of the death or recognition as dead in the prescribed manner of a person whose reproductive cells are preserved, their free storage in accordance with this Law is carried out within 3 years from the date of death of this person, and after this period, further storage of such cells can be extended for the account of another person determined at the disposal of the person in relation to his own reproductive cells.
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An individual whose reproductive cells are stored in accordance with the law has the right to dispose of them in the event of his death.
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If the reproductive cells of a person who has made the appropriate order in the event of his death are used to conceive a child, this individual is recognized as the father or mother of the child thus born;
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Establish that the will of a person, completed and certified by a notary, to implement this Law regarding his own reproductive cells, is the basis for the use of assisted reproductive technologies using these reproductive cells.
Background
In November 2023, the Rada adopted a law on the storage of military reproductive cells, which allows defenders who lost their reproductive function at the front to store biomaterial in cryobanks at the expense of the state and give birth to children.
But this law did not resolve the issue of postmortem reproduction, that is, the birth of a child after the death of a military man, noted Mikhail Radutsky, Chairman of the National Health Committee.
They wrote on social networks that the bill seems to prohibit the use of a military man’s sperm after his death, and therefore, from March 2024, clinics will be required to dispose of their biomaterial.
However, the Ministry of Health explained that cryobanks will not dispose of biological material from dead military personnel. The fact that the law does not provide for the possibility of preserving the sperm of victims was called by the Ministry of Health “a legislative conflict that will be eliminated as soon as possible.”
Source: Racurs
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