Title: On the legal nature of gamete donation

Authors: Hanna Krushelnytska

Addresses: Department of the Jurisdiction Forms of Legal Protection of Subjects of Private Law, the Judiciary and Legal Proceedings, Academician F.H. Burchak Scientific and Research Institute of Private Law and Entrepreneurship, National Academy of Legal Sciences of Ukraine, Kyiv, Ukraine

Abstract: The study investigates the features of donation of female and male reproductive cells. Based on the analysis of the legislation of different countries, it is concluded that there is both anonymous and non-anonymous gamete donation. The author points out the issue of correlation between the right to secrecy of donation and the right of children born using in vitro fertilisation methods to information about their origin. In the course of the study dialectical, Aristotelian, comparative-legal, and modelling methods were used. It is concluded that the gamete donation agreement refers to agreements in the field of medical activity since it includes both works on the extraction of germ cells and services to meet the personal needs of the donor. In addition, the study clarifies the legal nature of commercial sperm donation, which is close to the purchase and sale relations.

Keywords: assisted reproductive technologies; anonymous donation; gamete donors; biomaterials; medical activities.

DOI: 10.1504/IJPLAP.2022.10045927

International Journal of Public Law and Policy, 2022 Vol.8 No.3/4, pp.256 - 270

Received: 08 Dec 2021
Accepted: 15 Feb 2022

Published online: 24 Jun 2022 *

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